HomeMy WebLinkAboutOrd 459 ' ORDINANCE NO. 649'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY,ADDING CHAPTER 15. 10 TO THE CATHEDRAL CITY MUNICIPAL
CODE, TO ESTABLISH STORM WATER MANAGEMENT AND
DISCHARGE CONTROLS, AND DEEMING PROPOSED ACTION TO BE
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1. CEQA COMPLIANCE.
Pursuant to state and local environmental guidelines, it has been determined that
the regulations encompassed in this ordinance are not considered to have a significant
impact on the environment. The proposed action is further deemed to be classified as a
Categorical-Exemption pursuant to the state and city environmental regulations and
Section 13389 of the State Water Code.
SECTION 2. AMENDMENT.
A new chapter, to be numbered 15.10 hereby is added to the Cathedral City
Municipal Code, to read as follows:
Chapter 15.10
STORM WATER MANAGEMENT AND DISCHARGE CONTROLS
Sections:
15.10.010 Purpose
15.10.020 Definitions
15.10 030 Administration
15.10.040 Discharge of Pollutants
15.10.050 Outdoor Storage Areas
15.10.060 Construction Sites
15.10.070 New Development and Redevelopment
15.10.080 Compliance with General Permits
15.10.090 Compliance with Best Management Practices
15.10.100 Inspection and Enforcement
15.10.110 Violation Constituting Misdemeanors
15.10.120 Penalties
15.10.130 Concealment
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15.10.140 Violations Deemed a Public Nuisance
15.10.150 Judicial Review
15.10.160 Administrative Enforcement Powers
15.10.170 Authority to Arrest or Issue Citation
15.10.180 Nonexclusivity of Remedies
15.10.190 Appeal
15.10.200 Disclaimer of Liability
Section 15.10.010. Purpose. The intent of this Chapter is to protect and enhance
the water quality of watercourses, water bodies, ground water, and wetlands in a manner
pursuant to and consistent with the Federal Clean Water Act. This will be met by:
A. regulating non-storm water discharges to the City's storm drain
system;
B. controlling the discharge to municipal storm drains from spills,
dumping or disposal of materials other than storm water; and
C. reducing pollutants in storm water discharges to the maximum extent
practicable.
Section 15.10.020. Definitions. Any terms defined in the Federal Clean Water
Act, acts supplementary thereto, or defined in the regulations for the storm water discharge
permitting program promulgated by the United States Environmental Protection Agency
on November 16, 1990 (as may from time to time be amended) as used in this Chapter
shall have the same meaning as in said statutes or regulation(s), except that the definitions
below shall supersede said statute or regulations for purposes of this chapter.
A. "Best Management Practice" shall mean schedules of activities,
prohibitions of practices, general good housekeeping practices, maintenance procedures,
educational programs, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to waters of the United States. Best
Management Practices also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and
drainage from raw materials storage. The California Storm Water Best Management
Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity contain
detailed discussions of Best Management Practices which may be consulted in interpreting
this ordinance.
B. "National Pollutant Discharge Elimination System Permit" means a
storm water discharge permit issued by the Colorado River Basin Regional Water Quality
Control Board or the State Water Resources Control Board in compliance with the Federal
Clean Water act.
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C. "Illicit Discharge" means any discharge to the storm drain system that
is not composed entirely of storm water runoff except discharges made pursuant to an
National Pollutant Discharge Elimination System permit or as otherwise authorized by the
Colorado River Basin Regional Water Quality Control Board.
D. "Illicit Connection" means any physical connection to a storm drain
system which has not been permitted by the City of Cathedral City, the Riverside County
Flood Control and Water Conservation District, or other appropriate public agency.
E. "Municipal National Pollution Discharge Elimination System Permit"
means an are-wide permit issued to a government agency or agencies, for the discharge
of storm water from a storm water system.
F. "Non-Storm Water Discharge" means any discharge to the storm drain
system that is not entirely composed of storm water runoff.
G. "Pollutant" means anything which causes the deterioration of water
quality such that it impairs subsequent and/or competing uses of the water. The term
"Pollutant" includes but is not limited to paints, oil and other automotive fluids, soil,
rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus,
enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, leaves, grass
clippings, animal waste, materials that result from the process of constructing a building
or structure and nauseous or offensive matter of any kind.
H. "Premises" shall mean any building, lot, parcel of land, land or portion
of land whether improved or unimproved.
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I. "Development" means for the purposes of this Chapter, any manmade
change to improved or unimproved real estate, including but not limited to constructing
buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
J. "Storm Drain System" means any facility by which storm water may
be conveyed to waters of the United States. The term "storm drain system" includes but
is not limited to roads with drainage systems, streets, curbs, gutters, catch basins, natural
and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other draining
structures.
K. "Storm Water Runoff means surface runoff and drainage associated
with rain storm events and snow melt.
L. "Director" means the Director of the City of Cathedral City Community
Development Department.
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M. "Authorized Enforcement Officer" means the Director of Community
Development or Director of County Health Department and any individual designated by
either of them.
Section 15.10.030. Administration.
A. Responsibility for Administration. This Chapter shall be administered
by the Director of Community Development.
B. Construction and Application. This Chapter shall be construed in a
manner which assures consistency with the requirements of the Federal Clean Water Act
and acts amendatory thereof or supplementary thereto, applicable implementing
regulations, and any existing or future municipal National Pollution Discharge Elimination
System Permits and any amendments, revisions or reissuance thereof.
C. Conflicts with Other Code Chapters. The provisions of this Chapter
shall control over any inconsistent or conflicting provision of the Cathedral City Municipal
Code in existence at the time this Chapter is first adopted.
D. Severability. 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 which can be given effect without the invalid provision or application, and to this
end, the provisions of this Chapter are hereby declared to be severable.
Section 15.10.040. Discharge of Pollutants. The discharge of non-storm water
discharges to the district drain system is prohibited. All discharges other than storm water
discharges must be in compliance with a National Pollution Discharge Elimination System
Permit issued for that particular discharge or discharges.
A. Exceptions to Discharge Prohibition. The following discharges are
exempt from the prohibition set forth in this Section:
(1) The prohibition of discharges shall not apply to any discharge
regulated under a permit or waiver issued to the discharger
and administered by the State of California under the authority
of the United States Environmental Protection Agency
provided that the discharger is in full compliance with all
requirements of said permit or waiver and other applicable
federal, state and local laws or regulations.
(2) Discharges from the following activities when properly
managed are not prohibited: water line flushing and other
discharges from potable water sources, landscape irrigation
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and lawn watering, irrigation water, diverted stream flows,
rising ground waters, infiltration to separate storm drains,
water from crawl space pumps, uncontaminated pumped
ground water, foundation and footing drains, air conditioning
condensate, springs, individual residential car washings, flows
from riparian habitats and wetlands, dechlorinated swimming
pool discharges or flows from emergency fire fighting activities.
B. Discharge in Violation of Permit. Any discharge that would result in
or contribute to a violation of a Municipal National Pollution Discharge Elimination System
Permit(s), as amended or revised, either separately considered or when combined with
other discharges, is prohibited. The person or persons causing or responsible for the
discharge shall be liable therefore, and said person or persons shall defend, indemnify and
hold harmless the City for all costs, judgments, penalties and other amounts incurred in
any administrative or judicial enforcement action relating to such discharge.
C. Illicit Discharge and Illicit Connections. It is prohibited to take steps
to establish , use, maintain, or continue illicit connections into the City or County storm
drain system, or to commence or continue any illicit discharges to the City or County drain
system. This prohibition is expressly made retroactive and applies to connections made
in the past, regardless of whether permissible under the law or practices applicable or
prevailing at the time the connection.
D. Reduction of Pollutants in Storm Water. Any person engaged in
activities which will or may result in pollutants entering the City or County storm drain
system shall undertake all practicable measures to reduce the amount of such pollutants
and the likelihood of their illicit discharge. Examples of such activities include ownership
and use of facilities which may be a source of pollutants such as parking lots, gasoline
stations, industrial facilities, stores fronting streets, and other similar activities.
E. Littering. No person shall throw, deposit, leave, maintain, keep, or
permit to be thrown, deposited, placed, left or maintained, pollutants in or upon any street,
alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
business place, or upon any public or private parcel in the City, in a manner which may
allow the same to be discharged into the storm drain system, except where such pollutant
is being temporarily placed in an appropriate container with a spill containment system for
later collection and removal. No person shall cause or permit any dumpster, solid waste
bin, or similar container to leak such that any pollutant is discharged onto public or private
property in the City including any street, alley, sidewalk, storm drain, inlet, catch basin,
conduit or other drainage structures, business place, or upon any public or private property
in the City.
, Section 15.10.050. Outdoor Storage Areas. •No person shall store objects, and
unsealed containers including but not limited to motor vehicle or machine parts, which may s_
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leak pollutants in areas unsusceptible to storm water runoff. To contain the spillage of
pollutants from any container, the City may require installation of a spill containment
system. Spill containment systems may consist of a system of dikes, walls, barriers,
berms, or other devices as required in the sole discretion of the City. No person shall
operate a spill containment system in a manner which allows incompatible liquids to mix
which thereby create a hazardous or toxic substance.
Section 15.10.060. Construction Sites Requirement that Permits be Provided.
Any person performing or causing to be performed construction activities in the City shall
comply with the provisions of this Chapter, applicable County regulations for erosion and
sediment control, all City grading and drainage regulations and any subsequent revisions
or amendments to said regulations.
A. All persons engaged in construction activity within the City shall
operate in compliance with all state and federal laws regulating or pertaining to storm
water management and runoff including operating with all required permits. The Director
or his or her designee may require that said permits be displayed at the worksite as a
condition of continuing to perform said construction.
B. No person shall commence or continue any construction activity in the
City that causes the disturbance of five or more acres, or less than five acres which is part
of a common plan of development for 5 or more acres, by clearing, grading, excavating,
or reconstructing existing facilities involving removal and replacement without
demonstrating to the City's Department of Engineering that such person has obtained a
National Pollution Discharge Elimination System General Permit for Storm Water
Discharges Associated with Construction Activity (hereinafter "Construction Storm Water
Permit")from the State Water resources Control Board. For purposes of the Construction
Storm Water Permit, construction activity requiring a permit does not include:
(1) routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of the facility, or
(2) emergency construction activities required to protect the public
health and safety.
C. Any person engaged in a construction activity requiring a Construction
Storm Water Permit shall retain at the construction site the following documents:
(1) a copy of the Notice of Intent to comply with the requirements
of the General Permit for Storm W ater Discharges Associated
with Construction Activity;
(2) a waste discharge identification number issued by the State
Water Resources Control Board; and
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(3) a duly issued Storm Water Pollution Prevention Plan and
Monitoring Program Plan for the construction activity requiring
the construction permit.
D. Any person engaged in a construction activity requiring a Construction
Storm Water Permit shall provide any of the documents described in paragraph C of this
Section to the City upon request of the Director or his or her designee.
E. Prior to the issuance of any building or grading permit for the
construction of new development or redevelopment, the Director or his or her designee
shall evaluate the proposed project to determine its potential to generate illicit discharges
into the municipal storm drain system during construction. Based upon this evaluation, the
City may require that conditions be placed upon the issuance of the building or grading
permit to minimize the risk of discharge of pollutants into the storm drain system. The
imposition of conditions under this Section shall be based on the standards set forth in the
most recent edition of the California Storm Water Best Management Practice Handbooks
• (Municipal, Industrial/Commercial, and Construction volumes), and additional standards
as determined by the City.
F. Subject to all of the provisions of this Chapter, the following additional.
requirements shall apply to persons conducting construction in the City for which a
certificate of occupancy is required and the owners of such property. The requirements
set forth below shall apply at the time of demolition of an existing structure or
commencement of construction and until receipt of a certificate of occupancy,
(1) Runoff containing sediment, construction waste and other
pollutants from construction sites and construction vehicles
and equipment parking areas which is likely to enter the storm
drain system shall be reduced to the maximum extent
practicable.
(2) Where determined necessary by the Director or his or her
designee a temporary sediment barrier shall be installed.
(3) Between October 1 and April 1, of each year the owner of
property or any person performing improvements thereon shall
use a plastic or other covering, along with additional runoff
control devices if necessary to intercept and safely convey the
runoff on unprotected areas to control run off of pollutants.
(4) Excavated soil shall be located on the site in a manner that
minimizes the amount of soil transported into the public right
of way onto adjoining properties. Soil stockpiles shall be
covered with plastic or other covering until the soil is either
used or removed.
I/ (5) Washing industrial or construction equipment or vehicles is not
allowed on City rights of way or private roadways adjacent to
a construction site. No person shall allow water from vehicles
or equipment on a construction site to run off into the City's
storm drain system.
(6) Drainage controls shall be utilized as needed to prevent Illicit
Discharge, depending on the extent of proposed grading and
topography of the site, including but not limited to the
following:
(a) Detention ponds, sediment ponds, or infiltration pits;
(b) Dikes, filter berms or ditches; or
(c) Downdrains, chutes or flumes.
The City may, as a condition of granting a building or grading permit
set forth reasonable limits on the clearing of vegetation from construction sites, including,
but not limited to, regulating the length of time during which soil may be bare.
Section 15.10.070. New Development and Redevelopment. To minimize illicit
discharge and the discharge of pollutants, the City may in connection with related permits
and approvals of the City as appropriate require, in its discretion, a new development or
redevelopment project to control the volume and rate of storm water runoff from said
project so as to prevent any deterioration of water quality which would impair the
subsequent or competing uses of the water. The Director may establish standards and
guidelines implementing Best Management Practice's designed to control the rate and
volume of storm water runoff or other runoff from new development and redevelopment
projects as may be appropriate to minimize the discharge and transport of pollutants.
Acceptable methods and standards for controlling illicit discharge, storm water runoff
volumes and rates, and pollutant load may include but are not limited to the following:
A. Increase Permeable Areas: Avoid lacin im ervious surfaces on
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highly porous soil areas, incorporate landscaping and open space into the project design;
use porous materials for or near driveways and walkways; incorporate detention ponds
and infiltration pits into the project's design, avoid placing pavement and other impervious
surfaces in low lying areas.
B. Direct Runoff to Permeable Areas. Direct storm water runoff away
from impermeable areas to swales, berms, green strip filters, gravel beds, and french
drains. Install rain gutters and orient them toward permeable areas. Modify the grade of
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the property to divert flow to permeable areas and minimize the amount of storm water
runoff leaving the property. When designing curbs, berms or other structures, avoid
designs which isolate permeable or landscaped areas.
C. Maximize Storm Water Storage for Reuse. Use retention structures,
subsurface areas, cisterns, or other structures to store storm water runoff for reuse or slow
release.
Section 15.10.080. Compliance with General Permits. Any industrial facility,
construction site, or other activity with discharges to the City's storm drain system and
which are subject to any National Pollution Discharge Elimination System permit issued
by the United States Environmental Protection Agency, the State Water Resource Control
Board, or the Colorado River Basin Regional Water Quality Control Board, shall comply
with all requirements of such permit. To be in compliance, applicants shall comply with the
following applicable permits: The General Permit for Storm Water Discharges Associated
with Industrial Activity, the General Permit for Storm Water Discharges Associated with
Construction Activity, and the General Permit for Dewatering Discharges. Proof of
compliance with said National Pollution Discharge Elimination System General Permits
may be required in a form acceptable to the Director prior to issuance of any City grading,
_ building, or occupancy permits.
Section 15.10.090. Compliance with Best Management Practices. Where Best
Management Practices guidelines or requirements have been adopted by any federal,
state, regional, county or city agency, for any activity, operation or facility which may cause
or contribute to storm water pollution or contamination, illicitd discharges, and/or discharge
of non-storm water to the storm water system, every person undertaking such activity or
operation, or owning or operating such facility shall comply with such guidelines or
requirements as may be identified by the Director.
Section 15.10.100. Inspection and Enforcement.
A. Authority to Inspect. Whenever necessary to make an inspection to
enforce any of the provisions of this Chapter, or whenever an Authorized Enforcement
Officer has reasonable cause to believe that there exists in any building or other structure
or upon any premises any condition which constitutes a violation of the provisions of this
Chapter, the officer may enter such building or premises at all reasonable times to inspect
the same or perform any duty imposed upon the officer by this Chapter, provided that:
(1) if such building or premises be occupied, he or she shall first
present proper credentials and request entry; and
(2) if such building or premises be unoccupied, he or she shall
first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises
and request entry.
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Any such request for entry shall state that the property owner or occupant
has the right to refuse entry and that in the event such entry is refused, inspection may be
made only upon issuance of a search warrant by a duly authorized magistrate. In the
event the ownerfand/or occupant refuses entry after such request has been made, the
Authorized Enforcement Officer is hereby empowered to seek assistance from any court
of competent jurisdiction in obtaining such entry.
Routine or area inspections shall be based upon such reasonable selection
processes as may be deemed necessary to carry out the objectives of this Chapter,
including but not limited to random sampling and/or sampling in areas with evidence of
storm water contamination, illicit discharges, discharge of non-storm water to the storm
water system, or similar factors.
B. Authority to Sample and Establish Sampling Devices. With the
consent of the owner or occupant or pursuant to a search warrant, any Authorized
Enforcement Officer may establish on any property such devices as are necessary to
conduct sampling or metering operations. During all inspection as provided herein, the
Authorized Enforcement Officer may take any samples deemed necessary to aid in the
pursuit of the inquiry or in the recordation of the activities onsite.
C. Notification of Spills. All persons responsible for operation of a
municipal, industrial, commercial or construction facility or responsible for emergency
response for such a facility are responsible to train personnel and maintain notification
procedures to assure the appropriate agency(s) are immediately notified of any suspected,
confirmed or unconfirmed release of pollutants, or other materials creating a risk of an
illicit discharge into the storm drain system.
As soon as any person in charge of such a facility or responsible for
emergency response for such a facility has knowledge of the forgoing facts, he or she shall
take all steps reasonably necessary to ensure the discovery and containment and clean
up of such release and shall notify the City, County Health Department, Colorado River
Basin Regional Quality Control Board, and other appropriate agency(s) of the occurrence
by telephone and confirm said notification by written correspondence delivered by United
States Mail.
D. Requirement to Test or Monitor. Any Authorized Enforcement Officer
may request that any person engaged in any activity and/or owning or operating any
facility which may cause or contribute to storm water pollution or contamination, illicit
discharges, and/or discharge of non-storm water to the storm water system undertake such
monitoring activities and/or analyses and furnish such reports as the officer may specify.
The burden, including costs, of these activities, analyses and reports shall bear a
reasonable relationship to the need for the monitoring, analyses and reports and the
benefits to be obtained. The recipient of such request shall undertake and provide the
monitoring, analyses and/or reports requested at his or her sole cost and expense.
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In the event the owner or operator of a facility subject to a monitoring and/or
analyses request fails to conduct required monitoring and/or analyses and furnish the
reports in the form requested, the Authorized Enforcement Officer may cause such
monitoring and/or analyses and the cost, therefore, including the reasonable additional
administrative costs incurred by the City or County or other agency(s) shall be borne by
the owner of the property and the cost thereof shall be invoiced to the owner of property
if said testing and/or analysis discloses the discharge of non-system water or illicit
discharges. If the invoice is not paid within sixty days of the issuance thereof, a lien may
be placed upon the property for said amount. The lien shall be released upon payment
in full of said amount.
Section 15.10.120. Penalties. Any person violating any provision of this Chapter
shall be deemed guilty of an infraction or misdemeanor as specified at §1.01.080 of this
Code. Said person shall be deemed guilty of a separate,offense for each and every day
(or portion thereof) during which any violation of any of the provisions of this Chapter is
committed, continued, or permitted.
Section 15.10.130. Concealment. Causing, permitting, aiding, abetting or
concealing a violation of any provision of this Chapter shall constitute a violation of such
provision of this Chapter.
Section 15.10.140. Violations deemed a Public Nuisance. In addition to the
penalties hereinbefore provided, any condition caused or permitted to exist in violation of
any of the provisions of this Chapter is deemed to be a threat to the public health, safety
and welfare, and may be declared and deemed a nuisance, and may be summarily abated
and restored to its original condition by the City or pursuant to a civil action to abate,
enjoin or otherwise compel the cessation of such nuisance prosecuted by the City
Attorney's office.
The cost of such abatement and restoration shall be borne by the owner of the
'property and the cost thereof shall be invoiced to said owner. If the invoice is not paid
within 60 days of the issuance thereof a lien may be placed on the property for said
amount. The lien shall be discharged by payment in full.
The Director may determine and document that any violation of this Chapter
reoccurs or is likely to reoccur on a seasonal or recurrent basis such as to constitute a
seasonable or recurrent nuisance. Upon such determination and documentation such a
seasonal and recurrent nuisance may be abated every year upon notice to the property
owner without the necessity of any further hearing.
Section 15. 10. 150. Judicial Review. The provisions of Section 1094.6 of the
California Code of Civil Procedure are applicable to judicial review of decisions of the City
pursuant to this Chapter.
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Section 15.10.160.Administrative Enforcement Powers. In addition to the other
enforcement powers and remedies established by this Chapter, any Authorized
Enforcement Officer has the authority to utilize the following administrative remedies.
A. Cease and Desist Orders. When an Authorized Enforcement Officer
finds that a discharge has taken place or is likely to take place in violation of this Chapter,
the officer may issue an order to cease and desist such discharge, or practice, or operation
likely to cau se such discharge and direct that those persons not complying shall: a) comply
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with the requirement, (b) comply with a time schedule for compliance, and/or c) take
appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean. Whenever an Authorized Enforcement Officer finds
any oil, earth, dirt, grass, weeds, dead trees, metal cans, rubbish, refuse, waste or any
other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land,
or upon any parcel of land or grounds, which may result in an increase in pollutants
entering a storm drain system, street drainage system, or natural watercourse, or a non-
storm water discharge to a storm drain system street system, or natural watercourse, he
or she may give written notice to remove such oil, earth, dirt, grass, weeds, dead trees,
metal cans, rubbish, refuse, waste or other material, in any manner that he or she may
reasonably provide. The recipient of such notice shall undertake the remedial activities
as described in the notice.
In the event the owner or operator of a facility fails to conduct the remedial
activities as described in the notice,the Authorized Enforcement Officer may cause such
required activities to be undertaken as described in the notice, and the cost thereof shall
be invoiced to the owner of the property. If the notice is not paid within sixty days, a lien
shall be placed upon and against the property. Said lien shall be released upon payment
in full.
Section 15.10.170.Authority to Arrest or Issue Citation. Authorized Enforcement
Officers shall have and are hereby vested with the authority to arrest or cite any person
who violates any Section of this Chapter in the manner provided by the California Penal
Code for the arrest or release on citation of misdemeanor or infractions as prescribed by
Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code as the same may be hereinafter
amended.
Such Authorized Enforcement Officers or employees may issue a citation and notice
to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code,
including Section 853.6, as the same may hereafter be amended. It is the intent of the City
Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable
to public officers or employees acting in the course and scope of employment pursuant to
this Title.
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Section 15.10.180. Nonexclusivitv of Remedies. Remedies under this Chapter
are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
The remedies provided for herein shall be cumulative and not exclusive.
Section 15.10.190. Appeal. Any person, firm corporation or organization required
to perform monitoring, analyses, reporting and/or corrective activities by an Authorized
Enforcement Officer who is aggrieved by the decision of the Authorized Enforcement
Officer may appeal such decision in writing to the Director within 10 days following the
effective date of the decision. Upon receipt of such request, the Director shall request a
report and recommendation from the Authorized Enforcement Officer and shall set the
matter for hearing with the City Council at the earliest practical date. At said hearing, the
City Council may hear additional evidence, and may reject, affirm or modify the
Enforcement Officer's decision. .Such decision shall be final and shall complete the
administrative process.
Section 15.10.200. Disclaimer of Liability. The degree of protection required by
this Chapter is considered reasonable for regulatory purposes. 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, any officer or
employee thereof for any damages that result from reliance on this Chapter or any
administrative decision lawfully made hereunder.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force 30 days after the adoption by the
City Council of the City of Cathedral City.
SECTION 4. POSTING.
The City Clerk shall within 15 days after passage of this Ordinance, cause it to be
posted in at least the three public places designated by resolution of the City Council; shall
certify to the adoption and posting of this ordinance; and shall cause this ordinance and
its certification, together with proof of posting, to be entered in the book or ordinances of
this City.
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The foregoing ordinance was approved and adopted at a meeting of the City
Council held on the following vote:
Ayes:
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Noes:
Absent 11-‘L '6#1If 4r. /1A-43e"
La-1Am Laa
David Berry, Mayor
ATTEST:
ki
Donna Velotta, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Aa„.
Steven B. Qui, illa, City Attorney Dave Faessel, City Engineer
APPROV D:
Id. iii
e. ge Tr el•pe17, City Lfnager
CATH/0007/D 0 C/002
5/16/97
HEREON CERTIFY, UNDER PENALTY OF PERJURY, TUT ME
FOREGOING ORDINANCE NO, •g-.5 DULY[ADOPTED
BY THE CITY COUNCR. OF THE. MTV OF CATHEDRAL C5179,
CALIFDRNI n E1EETP3G THEREOF HELD ON 1-
Ei.r..Y flEk2B Tmrir OAS POSTED
/17 LEAST Ti4THREE PUDLIC PLACES SPETSIED MB SUCH
POSTEE3GS, DV THE sn.i1D ,OUNCIL.
CITY CLERK
2 X,