Chapter 8.46 URBAN STORM WATER QUALITY MANAGEMENT

This chapter shall be known as “urban storm water quality management and discharge control” of the city of Seaside and may be so cited. (Ord. 959 § 2 (Exh. A), 2007)

8.46.020 Purpose and intent.

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of 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. Section 1251 et seq.) by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non-storm water discharges to the storm drain system. This chapter shall provide a comprehensive and integrated plan to regulate urban storm water quality management and discharge control. (Ord. 959 § 2 (Exh. A), 2007)

8.46.030 Definitions.

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

“Best management practices” means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best management practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the city’s BMP Guidance Series, as discussed further in SMC 8.46.130(A), for specific requirements. The city may adopt and amend, from time to time, its BMP series, as discussed in SMC 8.46.130, to define specific requirements imposed in conjunction with the term “best management practices.” The term “BMP” shall have the same definition as the term “best management practices.”

“City” means the city of Seaside.

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

“Construction activity” means construction projects subject to National Pollution Discharge Elimination System (NPDES) construction permits or industrial permits. Such construction activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.

“Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code Section 25117 as it may be amended from time to time).

“Illegal discharge” means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in SMC 8.46.090.

“Illicit connections” is defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water discharge including sewage, process wastewater, and washwater 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 C.F.R. Section 122.26(b)(14), as it may be amended from time to time.

“National Pollutant Discharge Elimination System (NPDES) storm water discharge permits” means general, group, and individual storm water discharge permits that 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 that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries and concrete rinsates); and noxious or offensive matter of any kind.

“Pollution” means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code Section 13050 as it may be amended from time to time).

“Porter-Cologne Act” means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq., as it may be amended from time to time).

“Premises” means any building, structure, 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 by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 C.F.R. Section 122.2, as it may be amended from time to time.

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

“Waters of the United States” means surface watercourses and water bodies as defined at 40 C.F.R. Section 122.2, as it may be amended from time to time, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. (Ord. 959 § 2 (Exh. A), 2007)

8.46.040 Applicability and effective dates of applicability.

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city.

The provisions and requirements of this chapter shall become effective upon its adoption by the city council of the city of Seaside except that:

A. The provisions and requirements pertaining to construction sites, as described in SMC 8.46.130(C) and in the BMP Guidance Series as described in SMC 8.46.130(A), shall not become effective until September 8, 2007; and

B. The provisions and requirements pertaining to new development and redevelopment, as described in SMC 8.46.130(D) and in the BMP Guidance Series as described in SMC 8.46.130(A), shall not become effective until September 8, 2008. (Ord. 959 § 2 (Exh. A), 2007)

8.46.050 Responsibility for administration.

The city engineer of the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city engineer may be delegated in writing by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 959 § 2 (Exh. A), 2007)

8.46.060 Severability.

The provisions of this chapter are declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 959 § 2 (Exh. A), 2007)

8.46.070 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. 959 § 2 (Exh. A), 2007)

8.46.080 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 U.S. 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. All persons undertaking construction activities shall employ, to the maximum extent practicable, erosion prevention and construction site management practices that ensure discharges do not cause or contribute to an exceedence of the water quality standards contained in a statewide water quality control plan, the California Toxics Rule or the Central Coast Regional Water Quality Control Board Basin Plan. (Ord. 959 § 2 (Exh. A), 2007)

Article II. Discharge Prohibitions

8.46.090 Prohibition of illegal discharges.

No person shall discharge or cause to be discharged into the city storm drain system or watercourses 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.

Illegal discharges include, but are not limited to, the following list unless the discharge is permitted under a separate NPDES permit or as allowed by BMPs published or approved by the city public works department:

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;

C. Water from the washing or rinsing of vehicles containing soap, detergents, solvents or other cleaners;

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 and hood cleaning 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 and other outdoor surfaces;

L. Wastewater or cleaning fluids from carpet cleaning;

M. Chlorinated swimming pool and spa water;

N. Wash out from concrete trucks;

O. Potentially contaminated runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil, are stored; and

P. Super-chlorinated water normally associated with the disinfection of potable water systems.

The discharge of sewage or other forms of polluted water from recreational activities and from vehicles, recreational vehicles and/or boats to the city storm drain system or watercourses is an illegal discharge and is prohibited.

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 U.S. 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:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flows;

4. Rising groundwaters;

5. Uncontaminated groundwater filtration (as defined at 40 C.F.R. Section 35.2005(20)) to separate storm sewers;

6. Uncontaminated pumped groundwater;

7. Discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensation;

10. Irrigation water;

11. Springs;

12. Water from crawl space pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated swimming pool discharges; and

18. Flows from firefighting activities.

B. The prohibition against illegal discharge to the storm drain system shall not apply to any nonstorm 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 for any discharge to the storm drain system.

C. Written concurrence of the regional board shall be required for the city to provide a written exemption that a non-storm water discharge does not constitute a source of pollutants to the storm drain system or waters of the U.S. (Ord. 959 § 2 (Exh. A), 2007)

8.46.100 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 was first made. (Ord. 959 § 2 (Exh. A), 2007)

8.46.110 Waste disposal prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown or deposited, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any pollutant, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, 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. (Ord. 959 § 2 (Exh. A), 2007)

8.46.120 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 is required in a form acceptable to the city engineer 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. 959 § 2 (Exh. A), 2007)

Article III. Regulations and Requirements

8.46.130 Requirement to prevent, control and reduce storm water pollutants.

A. Authorization to Adopt and Impose Best Management Practices. The city may adopt, and from time to time amend, requirements identifying best management practices for activities, operations, or facilities that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. as a separate BMP Guidance Series. BMP requirements may incorporate by reference best management practices promulgated by federal, state of California, or regional agencies. Where best management practices requirements are promulgated in the BMP Guidance Series, each person who discharges pollutants to the storm drain system or water of the U.S., and each person owning or operating any facility that may cause such a discharge, shall comply with those BMP requirements. The city engineer will periodically report to the city council on the status of implementation of BMPs and any new BMPs to be developed for inclusion in the BMP Guidance Series.

B. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of BMP requirements promulgated pursuant to subsections A, B, C, and D of this section, each person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the U.S. shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of each commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city storm drain system and/or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at expense of the owner or operator.

C. Construction Sites. The city shall require appropriate best management practices to reduce pollutants in any storm water runoff from construction activities. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter, the city storm water utility ordinance, and the city’s NPDES permit. Construction activities subject to BMP requirements shall continuously employ measures to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, contamination, or unauthorized discharge of pollutants.

D. New Development and Redevelopment. The city shall require appropriate best management practices (BMP) to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as required by the city’s NPDES permit to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter and the city’s NPDES permit as it may be amended from time to time. These requirements may include a combination of structural and nonstructural BMPs, and may include requirements to ensure the proper long-term operation and maintenance of these BMPs, including inspections and right of entry by city staff or agent to ensure compliance with the requirements of this article or to enforce any provision of this article. (Ord. 1011 § 2, 2014; Ord. 959 § 2 (Exh. A), 2007)

8.46.140 Requirement to eliminate illegal discharges.

Notwithstanding the requirements of SMC 8.46.190, the city engineer 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. 959 § 2 (Exh. A), 2007)

8.46.150 Requirement to eliminate or secure approval for illicit connections.

A. The city engineer shall require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 959 § 2 (Exh. A), 2007)

8.46.160 Requirement to protect watercourses.

Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner and lessee shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. (Ord. 959 § 2 (Exh. A), 2007)

8.46.170 Requirement to remediate.

Whenever the city engineer 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 waters of the U.S., the city engineer 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 SMC 8.46.220 through 8.46.250. (Ord. 959 § 2 (Exh. A), 2007)

8.46.180 Requirement to monitor and analyze.

The city engineer may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the U.S. 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. (Ord. 959 § 2 (Exh. A), 2007)

8.46.190 Requirement to notify 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 waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (e.g., calling “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 five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed, postage paid, to the city’s public works department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. A copy of such records shall be provided to the city on an annual basis. Such records shall be retained for at least three years. (Ord. 959 § 2 (Exh. A), 2007)

Article IV. Inspection and Monitoring

8.46.200 Authority to inspect.

The city engineer is authorized to enforce any provision of this chapter. The city engineer is authorized to request entry permission upon twenty-four hours’ notice, except in case of an emergency, to inspect premises, to facilitate reasonable inspection and property, and to inspect and copy records related to storm water compliance whenever the city engineer has sufficient and probable cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this chapter.

In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 959 § 2 (Exh. A), 2007)

8.46.210 Authority to sample, establish sampling devices and test.

During any inspection as provided herein, the city engineer, or designee, may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 959 § 2 (Exh. A), 2007)

Article V. Enforcement

8.46.220 Intervention.

The primary focus of this chapter is to reduce and control storm water impacts, and the city will use the amount of enforcement necessary to achieve compliance. Where possible the city will rely on education rather than enforcement. The city engineer may provide education programs or other informational materials that will assist in meeting the desired erosion and sedimentation controls, and other storm water management practices outcomes. (Ord. 959 § 2 (Exh. A), 2007)

8.46.230 Notice of violation.

Whenever the city engineer has cause to believe a person has violated a prohibition or failed to meet a requirement of this chapter, the city engineer shall provide written notice of the alleged violation to that person, if the matter cannot be resolved on site. If the location of the individual is not known, this notice shall be conspicuously posted at the site of the violation. The notice shall provide that person or property owner(s) an opportunity to be heard as to: (A) why abatement of the alleged violation and/or restoration of affected property should not be required, (B) why compliance measures stated by SMC 8.46.280 shall not apply, and/or (C) why an administrative civil penalty assessment shall not be imposed.

The notice shall set forth a deadline following such hearing within which remediation or restoration shall be completed. The notice shall advise that should the violator fail to remediate the violation within the established deadline the remediation work may be completed by the city or a contractor designated by the city, and the expense thereof shall be charged to the violator pursuant to SMC 8.46.330. (Ord. 959 § 2 (Exh. A), 2007)

8.46.240 Stop work order.

Whenever any activity including, but not limited to, construction activity is being done contrary to and in violation of this chapter, the city engineer may order any activity, including, but not limited to, construction activity, stopped by noticing in writing, posted on the premises, or served on the responsible party. The responsible party shall forthwith stop such work until authorized by the city engineer to proceed. (Ord. 959 § 2 (Exh. A), 2007)

8.46.250 Violation determination – Hearing.

In accord with the notice issued under SMC 8.46.230 the city engineer shall provide person(s) alleged to have violated a prohibition or failed to meet a requirement of this chapter with an opportunity to be heard and to controvert evidence of the violation, and/or evidence pertaining to remediation efforts or other enforcement remedies.

This proceeding may be held by the city engineer or by a delegated agent. The city shall have the burden to provide, by a preponderance of evidence, noncompliance or violation of the provisions of this chapter. The decision shall be written and served upon all affected persons and/or property owners. A determination that a violation occurred shall incorporate therein an administrative compliance order, and shall state whether or not an administrative civil penalty assessment shall be assessed. (Ord. 959 § 2 (Exh. A), 2007)

8.46.260 Administrative compliance – Criminal enforcement.

When supported by a preponderance of evidence adduced at the hearing held under SMC 8.46.250 that a violation of this chapter has occurred the city engineer shall issue a written administrative compliance order that specifies therein the violation(s) and compliance measures needed to abate, remedy or remediate each violation. The administrative compliance order may impose an administrative civil penalty assessment for any violation. (Ord. 959 § 2 (Exh. A), 2007)

8.46.270 Violation – Infraction.

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Failure to comply with any of the requirements of this chapter shall constitute an infraction, a citation may be issued to the responsible party, and shall be punishable as set forth in SMC 1.16.030. (Ord. 959 § 2 (Exh. A), 2007)

8.46.280 Compliance measures.

Compliance measures imposed to abate, remedy or remediate violations of this chapter may include, but shall not be limited to, one or more of the following, without limitation:

A. Cease and desist violating discharges, practices or operations;

B. The elimination of illicit connections or discharges;

C. The implementation of source control or treatment BMPs;

D. The performance of monitoring, analyses and reporting;

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

F. Payment of an administrative civil penalty assessment;

G. Payment of fees to compensate remediation costs incurred by the city or its contractors;

H. Payment of fees to compensate for administrative costs incurred by the city or its contractors relating to enforcement, monitoring or reporting; and

I. Deposit of an undertaking or presentation of a bond to assure completion of remediation and/or compliance efforts. (Ord. 959 § 2 (Exh. A), 2007)

8.46.290 Notices – Service.

All notices/orders shall be served: (A) by personal service; or (B) by certified mail/return receipt requested, with a duplicate copy sent by first class mail, postage prepaid. Any notice/order served by mail shall be deemed received for purposes of time computation hereunder five calendar days after the date mailed if to an address within this state, and seven calendar days after the date mailed if to an address outside this state. (Ord. 959 § 2 (Exh. A), 2007)

8.46.300 Settlement of administrative civil penalty assessment.

Upon receipt of notice of administrative civil penalty assessment the alleged violator may request a conference with the city manager or designee. The city manager or designee may compromise or settle any unpaid administrative civil penalty assessment. A request to settle under this section shall not act as a stay or otherwise affect the filing or processing of an appeal under SMC 8.46.310. (Ord. 959 § 2 (Exh. A), 2007)

8.46.310 Appeal.

An affected party may appeal the determination of noncompliance or violation of provisions of this chapter, the administrative compliance order, and/or the administrative civil penalty assessment made pursuant to SMC 8.46.300.

The notice of appeal must be received by the city manager within seven calendar days from the date of the violation determination, or from the date of the stop work order for an appeal of that order. The appeal shall state the name and address of the appellant, the name of any representative, the portion of the determination being appealed, the reason the determination is incorrect, and a statement as to what the correct determination should be. Failure to file a complete statement within the time or manner set forth shall constitute a waiver of objection and the appeal shall be dismissed.

The city clerk shall set the matter for public hearing by the city manager or designee and shall convene the hearing within thirty calendar days from the date of receipt of the notice of appeal. At least ten calendar days prior to the scheduled hearing, the city shall mail notice as set forth in SMC 8.46.290 of the time and place of the hearing to the appellant. The hearing to review the matter shall be based on: (A) the record of proceedings held pursuant to SMC 8.46.250, and (B) evidence presented to the city council, the city council shall render its de novo determination on the matter(s) appealed. The city shall provide written notice of action taken on the appeal, including revisions to the administrative compliance order, as appropriate, and such action shall be final. (Ord. 959 § 2 (Exh. A), 2007)

8.46.320 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 SMC 8.46.310, within ten calendar days of the decision of the city manager or designee upholding the decision of the city engineer, then the city or a contractor designated by the city engineer shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. 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. 959 § 2 (Exh. A), 2007)

8.46.330 Charging cost of abatement/liens.

Within thirty calendar days after abatement of the nuisance by the city, the city engineer shall notify the 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 seven calendar days. The city clerk shall set the matter for public hearing by the city council. At least ten calendar days prior to the scheduled hearing, the city shall mail notice as set forth in SMC 8.46.290 of the time and place of the hearing to the property owner. The decision of the city council shall be ratified by resolution and shall be final.

The amount due shall be paid within thirty calendar days of the decision of the city manager or designee or the expiration of such time as is set for payment. Thereafter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The city clerk shall cause an entry to be made on the tax roll opposite the description of the property, as follows: “Abating public nuisance, $_______,” filling in the amount of the expense in each particular case, and the auditor/tax collector shall cause a corresponding entry to be made on the current assessment roll for the property; and thereafter before any further payment shall be received for any tax or for the redemption of said property, the cost of abating such nuisance shall first be paid. (Ord. 959 § 2 (Exh. A), 2007)

8.46.340 Urgency abatement.

The city engineer is authorized to require immediate urgent 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 city engineer, the city is authorized to obtain an urgent judicial abatement warrant to enable entry onto private property and any and all measures required to remediate the violation. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner in accord with SMC 8.46.330. (Ord. 959 § 2 (Exh. A), 2007)

8.46.350 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city engineer may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other remedial activity. (Ord. 959 § 2 (Exh. A), 2007)

8.46.360 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 determined to be 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. 959 § 2 (Exh. A), 2007)

8.46.370 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 it 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. 959 § 2 (Exh. A), 2007)