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Ord 2478
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Ord 2478
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Last modified
3/2/2020 11:41:18 AM
Creation date
3/2/2020 11:41:11 AM
Metadata
Fields
Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Joint
Agency Type
City Council, Redevelopment Agency and Public Financing Authority
Date
2/24/2020
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Sec. 27.133.2. - CIVIL PENALTIES: <br />A user may be liable for up to twenty-five thousand dollars ($25,000) a day for each <br />violation, as set forth in California Government Code Section 54740. <br />Sec. 27.133.3. - ADMINISTRATIVE PENALTIES: <br />In lieu of the civil penalties, the City may, through the issuance of an administrative <br />citation, impose administrative penalties in the following amounts, as set forth in <br />California Government Code Section 54740.5: (a) up to two thousand dollars <br />($2,000) for each day for failing or refusing to furnish technical or monitoring reports; <br />(b) up to three thousand dollars ($3,000) for each day for failing or refusing to timely <br />comply with any compliance schedule established by the Enforcement Officer; (c) <br />up to five thousand dollars ($5,000) per violation for each day for discharges in <br />violation of any waste discharge limitation, permit condition, or requirement issued, <br />reissued, or adopted by the City; (d) up to ten dollars ($10) per gallon for discharges <br />in violation of any suspension, cease and desist order or other orders, or prohibition <br />issued, reissued, or adopted by the Enforcement Officer. <br />Any person against whom penalties are assessed by the administrative citation <br />hearing officer may appeal to the City Council, the decision of the hearing officer <br />within thirty (30) days of notice of the decision. The City Council shall conduct the <br />appeal hearing in accordance with procedures set forth in Chapter 1 of this Municipal <br />Code. The decision of the City Council shall be in writing and shall be final. All civil <br />penalties imposed in accordance with this Section shall be payable within thirty (30) <br />days of the decision of the hearing officer. <br />The amount of such civil administrative penalties that have remained delinquent for <br />a period of sixty (60) days shall constitute a lien against the real property of the <br />discharger from which the discharge originated resulting in the imposition of the civil <br />penalty. <br />Sec. 27.134. - FALSIFYING INFORMATION: <br />Any person who knowingly makes any false statement, representation or <br />certification in any application, record, report, plan or document filed or required to <br />be maintained pursuant to this Chapter, or who falsifies, tampers with, or knowingly <br />renders inaccurate any monitoring device or method shall be subject to <br />misdemeanor prosecution and upon conviction, shall be punished in accord with the <br />provisions of Chapter 1 of this Municipal Code. <br />Sec. 27.135. - CRIMINAL PROSECUTION: <br />Any user who is found to have willfully or negligently failed to comply with any <br />provision of this Chapter, and the orders, rules, regulations and permits issued <br />hereunder, may be charged with a misdemeanor for each offense and, upon <br />conviction, shall be punished in accord with Chapter 1 of this Municipal Code, unless <br />otherwise specified. Each day on which a violation shall occur or continue shall be <br />deemed a separate and distinct offense. <br />ATTY/ORD.506/CC FOG ORDINANCE <br />REV: 11-27-19 EI <br />Page 17 of 18 <br />
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