HomeMy WebLinkAboutOrdinance #3620 ORDINANCE NO. 3(v 2.d
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.25 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO STORM WATER AND URBAN RUNOFF MANAGEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 14.25.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.25.020 Definitions.
(a) "Authorized Inspector" shall mean the Director of Public Works, Planning Director, Fire -
Chief or Director of Building and Safety, and persons designated by and under his/her
instruction and supervision, who are assigned to investigate compliance with, detect
violations of and/or take actions pursuant to this ordinance.
(b) "City" shall mean the City of Huntington Beach, Orange County, California.
(c) "Co-permittee" shall mean the County of Orange,the Orange County Flood Control
District,and/or any one of the thirty-one (31)municipalities, including the City of
Huntington Beach, which are responsible for compliance with the terms of the NPDES
Permit.
(d) "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same
may be amended from time to time.
(e) "Development Project Guidance" shall mean DAMP Chapter VII and the Appendix
thereto, entitled Best Management Practices for New Development Including
Nonresidential Construction Projects, as the same may be amended from time to time.
(f) "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching(including
subsurface migration or deposition to groundwater), dumping or disposal of any liquid,
semi-solid or solid substance.
(g) "Discharge Exception" shall mean the group of activities not restricted or prohibited by
this ordinance, including only:
(1) Discharges composed entirely of storm water;
(2) Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other waivers,
permits or approvals granted by an appropriate government agency;
(3) Discharges from property for which best management practices set forth in the
Development Project Guidance are being implemented and followed;
(4) Discharges to the Storm Water Drainage System from potable water line
flushing, fire fighting activities, landscape irrigation systems, diverted stream
flows, rising groundwater, and de minimis groundwater infiltration to the Storm
Water Drainage System (from leaks in joints or connections or cracks in water
drainage pipes or conveyance systems);
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(5) Discharges from potable water sources, passive foundation drains, air
conditioning condensation and other building roof runoff; agricultural irrigation
water runoff; water from crawl space pumps, passive footing drains, lawn
watering, noncommercial vehicle washing; flows from riparian habitats and
wetlands; dechlorinated swimming pool discharges;
(6) Discharges of reclaimed water generated by a lawfully permitted water treatment
facility; public street wash waters when related to cleaning and maintenance by,
or on behalf of,the City of Huntington Beach;
(7) Discharges authorized pursuant to a permit issued under the authority of the State
Water Control Board or other authorized agency. Discharges allowable under
the Domestic Sewage Exception;
(8) Discharges for which the discharger has reduced to the extent feasible the
amount of Pollutants in such Discharge; and
(9) Discharges authorized pursuant to federal or state laws or regulations.
In any action taken to enforce this ordinance,the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this Discharge
Exception.
(h) "City Attorney" shall mean the City Attorney of the City of Huntington Beach and his/her
designee,which counsel is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the City Attorney, or his/her designee, shall act as
the City Attorney.
(i) "EPA" shall mean the Environmental Protection Agency of the United States.
(j) "Hearing Officer" shall mean the Director of Public Works, Planning Director,Fire Chief
or Director of Building and Safety, or his/her designee,who shall preside at the
administrative hearings authorized by this ordinance and issue final decisions on the
matters raised therein(or) shall mean the appeals board established by separate resolution
of the City Council, which shall preside at the administrative hearings authorized by this
ordinance and issue final decisions on the matters raised therein.
(k) "Invoice for Costs" shall mean the actual costs and expenses of the City of Huntington
Beach, including but not limited to administrative overhead, salaries and other expenses
recoverable under State law, incurred during any Inspection conducted pursuant to this
ordinance or where a Notice of Noncompliance,Administrative Compliance Order or
other enforcement option under this ordinance is utilized to obtain compliance with this
ordinance.
(1) "Illicit Connection" shall mean any man-made conveyance or drainage system,pipeline,
conduit, inlet or outlet through which the discharge of any Pollutant to the Storm Water
Drainage System occurs or may occur. The term Illicit Connection shall not include
Legal Nonconforming Connections or connections to the Storm Water Drainage System
that are hereinafter authorized by the agency with jurisdiction over the system at the
location at which the connection is made.
(m) "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage
System existing as of the adoption of this ordinance that were in compliance with all
federal, state and local rules,regulations, statutes and administrative requirements in
effect at the time the connection was established, including but not limited to any
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discharge permitted pursuant to the terms and conditions of an individual discharge
permit issued pursuant to the Industrial Waste ordinance, County Ordinance No. 703.
(n) "New Development" shall mean all public and private residential (whether single family,
multi-unit or planned unit development), industrial, commercial, retail, and other
nonresidential construction projects, or grading for future construction, for which either a
discretionary land use approval, grading permit, building permit or Nonresidential
Plumbing Permit is required.
(o) "Nonresidential Plumbing Permit" shall mean a plumbing permit authorizing the
construction and/or installation of facilities for the conveyance of liquids other than storm
water,potable water, reclaimed water or domestic sewage.
(p) "NPDES Permit" shall mean the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region(and/or the
a
Regional Water Quality Control Board, San Diego Region, as appropriate), which
permit(s)establishes waste discharge requirements applicable to storm water runoff in the
City of Huntington Beach.
(q) "Person" shall mean any natural person as well as any corporation,partnership,
government entity or subdivision,trust, estate, cooperative association,joint venture,
business entity, or other similar entity, or the agent, employee or representative of any of
the above.
(r) 'Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof,
including and not limited to:
(1) Artificial materials (such as floatable plastics, wood products or metal shavings);
(2) Household waste (such as trash, paper, and plastics; cleaning chemicals; yard
wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and
other common household equipment);
(3) Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and
arsenic) with characteristics which cause an adverse effect on living organisms;
(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste
oils, solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels,pens and
,a recreational facilities, including, stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,
turbidity or odor;
(7) Waste materials and wastewater generated on construction sites and by construction
activities (such as painting and staining; use of sealants and glues; use of lime; use
of wood preservatives and solvents; disturbance of asbestos fibers,paint flakes or
stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable water line flushing);
(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon;
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(9) Materials which contain base/neutral or acid extractable organic compounds;
(10) Those Pollutants defined in §1362(6) of the Federal Clean Water Act; and
(11) Any other constituent or material, including but not limited to pesticides,herbicides,
fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils,
sediment and particulate materials, in quantities that will interfere with or adversely
affect the beneficial uses of the receiving waters, flora or fauna of the State.
(12) Wash water resulting from the hosing or cleaning of gas stations, auto repair
garages, and other types of automobile service stations.
(13) Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, concrete mixing
equipment,portable toilet servicing, etc.
(14) Wash water from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such mobile commercial and industrial activities.
(15) Water from cleaning of municipal, industrial, and commercial sites, including
parking lots, streets, sidewalks, driveways,patios,plazas, work yards and outdoor
eating or drinking areas, etc.
(16) Runoff from material storage areas or uncovered receptacles that contain chemicals,
fuels, grease, oil, or other hazardous materials.
(17) Discharges of runoff from the washing of toxic materials from paved or unpaved
areas.
(18) Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals; pool filter backwash containing debris and chlorine.
(19) Restaurant or food processing facility wastes such as grease, floor mat and trash bin
wash water, food waste, etc.
Any item which is duplicative of another shall not be construed to exclude either item, as the same
item may be described more than one time.
(s) 'Prohibited Discharge" shall mean any Discharge which contains any Pollutant, from
public or private property to:
(1) the Storm Water Drainage System;
(2) any upstream flow, which is tributary to the Storm Water Drainage System;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area,
marsh, coastal slough; or
(4) any coastal harbor,bay, or the Pacific Ocean. The term Prohibited Discharge shall
not include Discharges allowable under the Discharge Exception.
(t) "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or
private residential (whether single family,multi-unit or planned unit development),
industrial, commercial, retail, or other nonresidential structures, for which either a
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discretionary land use approval, grading permit,building permit or Nonresidential
Plumbing Permit is required.
(u) "State General Permit" shall mean either the State General Industrial Storm Water Permit
or the State General Construction Permit and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting
authority of the State Water Resources Control Board,then the term State General Permit
shall also refer to any EPA administered storm water control program for industrial and
construction activities.
(v) "Storm Water Drainage System" shall mean street gutter, channel, storm drain,
constructed drain, lined diversion structure,wash area, inlet, outlet or other facility,which
is a part of or tributary to the Countywide storm water runoff system and owned,
operated,maintained or controlled by County of Orange,the Orange County Flood
Control District or any Co-permiee city, and used for the purpose of collecting, storing,
transporting, or disposing of storm water.
SECTION 2. Section 14.25.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.25.060 Enforcement.
(a) Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or
occupant of any property, or to any Person responsible for an Illicit Connection or
Prohibited Discharge a Notice of Noncompliance. The Notice of Noncompliance
shall be delivered in accordance with Section 14.25.060 of this ordinance.
(a) The Notice of Noncompliance shall identify the provision(s) of this ordinance or
the applicable permit which has been violated. The Notice of Noncompliance
shall state that continued noncompliance may result in additional enforcement
actions against the owner, occupant and/or Person.
(b) The Notice of Noncompliance shall state a compliance date that must be met by
the owner, occupant and/or Person;provided, however, that the compliance date
may not exceed ninety(90) days unless the Authorized Inspector extends the
compliance deadline an additional ninety(90) days where good cause exists for
the extension.
(2) Administrative Compliance Orders.
(a) The Authorized Inspector may issue an Administrative Compliance Order. The
Administrative Compliance Order shall be delivered in accordance with Section
14.25.060 of this ordinance. The Administrative Compliance Order may be
issued to:
(i) The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a Prohibited Discharge or an Illicit
Connection in violation of this ordinance;
(ii) The owner of property subject to terms, conditions or requirements
imposed on a project in accordance with Section 14.25.040 to ensure
adherence to those terms, conditions and requirements.
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Ord. No. 3620
(iii) A Permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 hereof to ensure compliance with the terms, conditions
and requirements of the permit.
(iv) Any Person responsible for an Illicit Connection or Prohibited Discharge.
(b) The Administrative Compliance Order may include the following terms and
requirements:
(i) Specific steps and time schedules for compliance as reasonably necessary
to prevent the imminent threat of a Prohibited Discharge, including but not
limited to a Prohibited Discharge from any pond, pit, well, surface
impoundment, holding or storage area;
(ii) Specific steps and time schedules for compliance as reasonably necessary
to discontinue any Illicit Connection;
(iii) Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any Pollutant
having the potential to contact storm water runoff,
(iv) Any other terms or requirements reasonably calculated to prevent the
imminent threat of or continuing violations of this ordinance, including, but
not limited to requirements for compliance with best management practices
guidance documents promulgated by any federal, State of California or
regional agency;
(v) Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any permit
issued pursuant hereto.
(3) Cease and Desist Orders.
(a) The Authorized Inspector may issue a Cease and Desist Order. A Cease and
Desist Order shall be delivered in accordance with Section 14.25.060 of this
ordinance. A Cease and Desist Order may direct the owner or occupant of any
property and/or other Person responsible for a violation of this ordinance to:
(i) Immediately discontinue any Illicit Connection or Prohibited Discharge to
the Storm Water Drainage System;
(ii) Immediately contain or divert any flow of water off the property, where the
flow is occurring in violation of any provision of this ordinance;
(iii) Immediately discontinue any other violation of this ordinance;
(iv) Clean up the area affected by the violation.
(b) The Authorized Inspector may direct by Cease and Desist Order that the owner
of any property or any Permittee under any permit issued pursuant to Section
VIII hereof:
(i) Immediately cease any activity not in compliance with the terms,
conditions and requirements of the applicable permit.
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(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant
of any property, any Permittee or any other Person who becomes subject to a notice
of noncompliance or administrative order, an Invoice for Costs. An Invoice for
Costs shall be delivered in accordance with Section 14.25.060 of this ordinance. An
Invoice for Costs shall be immediately due and payable to the city for the actual
costs incurred by the City in issuing and enforcing any notice or order.
(a) If any owner or occupant, Permittee or any other Person subject to an invoice
for costs fails to either pay the Invoice for Costs or appeal successfully the
Invoice for Costs in accordance with Section 14.25.060,then the City Attorney
may institute collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance, Administrative Compliance
Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant to the
requirements of this ordinance shall be subject to the following:
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(a) The notice shall state that the recipient has a right to appeal the matter as set
forth in Section 14.25.060 of this ordinance.
(b) Delivery shall be deemed complete upon (i)personal service to the recipient; (ii)
deposit in the U.S. mail,postage pre-paid for first class delivery; or(iii)
facsimile service with confirmation of receipt.
(c) Where the recipient of 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 or as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any property cannot be located after the
reasonable efforts of the Authorized Inspector, a Notice of Noncompliance or
Cease and Desist Order shall be deemed delivered after posting on the property
for a period of ten (10) business days.
(6) Administrative Hearing for Notices of Noncompliance, Administrative Compliance
Orders, Invoices for Costs and Adverse Determinations. Except as set forth in
Paragraph 8, any Person receiving a Notice of Noncompliance, Administrative
Compliance Order, a notice of Legal Nonconforming Connection, an Invoice for
Costs, or any Person who is subject to any adverse determination made pursuant to
this ordinance,may appeal the matter by requesting an administrative hearing.
Notwithstanding the foregoing, these administrative appeal procedures shall not
apply to criminal proceedings initiated to enforce this ordinance.
(7) Request for Administrative Hearing. Any person appealing a Notice of
Noncompliance, an Administrative Compliance Order, a notice of Legal
Nonconforming Connection, an Invoice for Costs or an adverse determination shall,
within thirty(30) days of receipt thereof, file a written request for an administrative
hearing, accompanied by an administrative hearing fee as established by separate
resolution,with the Office of the City Clerk, with a copy of the request for
administrative hearing mailed on the date of filing to the City Administrator.
Thereafter, a hearing on the matter shall be held before the Hearing Officer within
forty-five(45)business days of the date of filing of the written request unless, at the
reasonable discretion of the Hearing Officer and pursuant to a written request by the
appealing party, a continuance of the hearing is granted.
(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. An administrative hearing on the issuance of a Cease and Desist Order or
following an emergency abatement action shall be held within five (5)business days
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Ord. No. 3620
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 subject to the Cease
and Desist Order or the emergency abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall appear in support of the
notice, order, determination, Invoice for Costs or emergency abatement action, and
the appealing party shall appear in support of withdrawal of the notice, order,
determination, Invoice for Costs, 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 explanation of
the case.
(10) Final Decision and Appeal. The final decision of the Hearing Officer shall be
issued within ten(10) business days of the conclusion of the hearing and shall be
delivered by first-class mail, postage prepaid, to the appealing party. The final
decision shall include notice that any legal challenge to the final decision shall be
made pursuant to the provisions of Code of Civil Procedure §§1094.5 and 1094.6
and shall be commenced within ninety(90) days following issuance of the final
decision. (The administrative hearing fee paid by a prevailing party in an appeal
shall be refunded.)
(a) Notwithstanding this Section 10, the final decision of the Hearing Officer in any
preceding determining the validity of a Cease and Desist Order or following an
emergency abatement action shall be mailed within five (5) business days
following the conclusion of the hearing.
(11) City Abatement. In the event the owner of property, the operator of a facility, a
Permittee or any other Person fails to comply with any provision of a compliance
schedule issued to such owner, operator, Permittee or Person pursuant to this
ordinance,the Authorized Inspector may request the City Attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter the property,
abate the condition and restore the area. Any costs incurred by the city in obtaining
and carrying out an abatement warrant or other judicial authorization may be
recovered pursuant to Section 14.25.060.
(b) Nuisance.
Any condition in violation of the prohibitions of this ordinance, 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 a nuisance pursuant to Government Code §38771.
(1) Court Order to Enjoin or Abatement. At the request of the Administrator,the City
Attorney may seek a court order to enjoin and/or abate the nuisance.
(2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance,the Authorized Inspector shall provide notice of
the proposed injunction or abatement to the owner and occupant, if any, of the
property where the nuisance or threatened nuisance is occurring.
(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to
public safety or the environment, the Authorized Inspector may enter the property from which
the nuisance emanates, abate the nuisance and restore any property affected by the nuisance.
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Ord. No. 3620
To the extent reasonably practicable, informal notice shall be provided to the owner or
occupant prior to abatement. If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the owner or occupant thereof
and without judicial warrant.
(a) An imminent danger shall include, but is not limited to, exigent circumstances
created by the dispersal of Pollutants, where the same presents a significant and
immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement
action, an administrative hearing pursuant to Section 14.25.060 hereinabove
shall follow the abatement action.
(4) Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all
administrative expenses and all other expenses recoverable under State law, shall be recoverable
from the Person(s) creating, causing, committing, permitting or maintaining the nuisance.
(5) Nuisance Lien. All costs shall become a lien against the property from which the nuisance
emanated and a personal obligation against the owner thereof in accordance with Government Code
§38773.1 and §38773.5. The owner of record of the property subject to any lien shall be given
notice of the lien prior to recording as required by Government Code §38773.1.
(a) At the direction of the Authorized Inspector,the City Attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought
for a money judgment or by delivery to the County Assessor of a special
assessment against the property in accord with the conditions and requirements
of Government Code §38773.5.
(c) Criminal Sanctions.
(1) Prosecutor. The City Attorney may act on the request of the Authorized Inspector
to pursue enforcement actions in accordance with the provisions of this ordinance.
(2) Infractions. Notwithstanding any penalty ordinance in the Code, any Person who
may otherwise be charged with a misdemeanor under this ordinance may be
charged, at the discretion of the City Attorney, with an infraction punishable by a
fine of not more than $100 for a first violation, $200 for a second violation, and a
fine not exceeding $500 for each additional violation occurring within one year.
(3) Misdemeanors. Any Person who negligently or knowingly violates any provision
of this ordinance, undertakes to conceal any violation of this ordinance, continues
any violation of this ordinance after notice thereof, or violates the terms,conditions
and requirements of any permit issued pursuant to this ordinance, shall be guilty of
a misdemeanor punishable by a fine of not more than$1,000 or by imprisonment
for a period of not more than six (6)months, or both.
(4) Administrative Citations.
(d) Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply,with either a
separate provision of this ordinance an Administrative Compliance Order, a Cease and
Desist Order or a permit issued pursuant to this ordinance, shall constitute a separate
violation of this ordinance punishable by fines or sentences issued in accordance
herewith.
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(e) Nonexclusive Remedies.
Each and every remedy available for the enforcement of this ordinance, shall be
nonexclusive and it is within the discretion of the Authorized Inspector or City Attorney
to seek cumulative remedies, except that multiple monetary fines or penalties shall not be
available for any single violation of this ordinance.
(f) Citations.
Pursuant to Penal Code §836.5,the Authorized Inspector shall have the authority to cause
the arrest of any Person committing a violation of this ordinance. The Person shall be
released and issued a citation to appear before a magistrate in accordance with Penal
Code §853.5, §853.6, and §853.9, unless the Person demands to be taken before a
magistrate. Following issuance of any citation the Authorized Inspector shall refer the
matter to the City Attorney.
Each citation to appear shall state the name and address of the violator,the provisions of
this ordinance violated, and the time and place of appearance before the court,which shall
be at least ten(10)business days after the date of violation. The Person cited shall sign
the citation giving his or her written promise to appear as stated therein. If the Person
cited fails to appear,the City Attorney may request issuance of a warrant for the arrest of
the Person cited.
(g) Violations of Other Laws.
Any Person acting in violation of this ordinance also may be acting in violation of the
Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be
subject to sanctions including civil liability. Accordingly,the City Attorney is authorized
to file a citizen suit pursuant to Federal Clean Water Act §505(a), seeking penalties,
damages, and orders compelling compliance and other appropriate relief. The City
Attorney may notify EPA Region IX,the Santa Ana or San Diego Regional Water
Quality Control Boards, or any other appropriate state or local agency, of any alleged
violation of this ordinance.
(h) Injunctions.
At the request of the Authorized Inspector,the City Attorney may cause the filing in a
court of competent jurisdiction of a civil action seeking an injunction against any
threatened or continuing noncompliance with the provisions of this ordinance.
(1) Order for Reimbursement. Any temporary,preliminary or permanent injunction
issued pursuant hereto may include an order for reimbursement to the city of all
costs incurred in enforcing this ordinance, including costs of inspection,
investigation and monitoring,the costs of abatement undertaken at the expense of
the city, costs relating to restoration of the environment and all other expenses as
authorized by law.
(i) Other Civil Remedies.
(1) The Authorized Inspector may cause the City Attorney to file an action for civil
damages in a court of competent jurisdiction seeking recovery of(a) all costs
incurred in enforcement of the ordinance, including but not limited to costs relating
to investigation, sampling, monitoring, inspection, administrative expenses, all other
expenses as authorized by law, and consequential damages, (b) all costs incurred in
03ord/chap 14-25/10/2/03 10
Ord. No. 3620
mitigating harm to the environment or reducing the threat to human health, and(c)
damages for irreparable harm to the environment.
(2) The City Attorney is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the Storm Water Drainage
System from any violation of this ordinance where the same has caused damage,
contamination or harm to the environment,public property or the Storm Water
Drainage System.
(3) The remedies available to the city pursuant to the provisions of this ordinance shall
not limit the right of the city to seek any other remedy that may be available by law.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3rd day of November , 2003.
&*;!"' 3alh4aou"
Mayor
ATTEST: _APPROVED AS TO FORM:
(
City Clerk Cit Attorney
REVIEWED AND APPROVED: AND APP ED:
City Ad inistrator Director of Public Works
03ord/chap 14-25/10/2/03 1 1
Ord. No. 3620
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 20th day of October, 2003, and was again read to
said City Council at a regular meeting thereof held on the 3rd day of November,2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
;Vo4 � oZ 0 2003.
In accordance with the City Charter of said City /(S i•NLw•
Connie Brockway City Clerk City Clerk and ex-officio C erk
R Deputy City Clerk of the City Council of the City
of Huntington Beach, California