HomeMy WebLinkAboutOrd. 1463-2013ORDINANCE NO, 1463-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTERS 14.04 OF
THE SOUTH SAN FRANCISCO MUNICIPAL CODE
REGARDING THE DISCHARGE OF STORMWATER
INTO THE STORMWATER COLLECTION SYSTEM
WHEREAS, Article X1, Section 7 of the California Constitution provides that a city
or county may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Of South San Francisco ("City") is subject to the California
Regional Water Quality Control Board ("Regional Water Board") Municipal Regional
Permit; and
WHEREAS, the Regional Water Board has modified the Municipal Regional
Permit regulations regarding discharge of stormwater into the ston-nwater collection
system; and
WTJEREAS, the City of South Sari Francisco Municipal Code ("Municipal Code")
regulates stormwater management and discharge; mid
WHEREAS, modirications to the Municipal Code are required to comply with the
provisions of the applicable Municipal Regional Permit.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
SECTION 1. AMENDMENTS
The City Council hereby amends the following sections of Chapter 14.04 of the South San
Francisco Municipal Code to read as follows (with text in strikeou indicating deletion and
double underlined text indicating addition). Sections and subsections that are not amended
by this Ordinance are not included below, and shall remain in full force and effect.
Chapter 14.04 STORMWATER MANAGEMENT AND DISCHARGE CONTROL
14.04.020 Purpose and intent.
The purpose of this chapter is to ensure the future health, safety and general welfare
of the ei+y. C tyof South San Francisco citizens by.,
(a) Eliminating nonstoraiwater discharges to the municipal separate storm sewer;
(b) Controlling the discharge to municipal separate storm sewers from spills,
dumping or disposal of materials other than storinwater;
(c) Reducing pollutants in stormwater discharges to the maximum extent
practicable.
The intent of this chapter is to protect and enhance the water quality of our watercourses,
water bodies and wetlands in a mani-ter pursuant to and consistent with the Clean Water
Act.
14.04.030 Construction and application.
This chapter shall be construed to assure consistency with the requirements of the
Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, and NPDES Permit No. X 2 9-24 C-A...$61200.8 and any
amendment, revision or reissuance thereof.
14.04.040 Definitions.
Any terms defined in the Federal Clean Water Act and acts amendatory thereof or
supplementary thereto, and/or defined in the regulations for the Sstormwater Ddischarge
�permitting Rprograin issued by the 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 that statute or regulations. Specifically, the definition of the following terms
included in that statute or regulations are hereby incorporated by reference, as now
applicable or as may hereafter be amended: discharge, illicit discharge, pollutant and
stormwater. These terms presently are defined as follows:
"Authorized enforcement official" means when used in this chapter, the following city
officials are authorized enforcement officials: Director of Public Works; Director of
Economic and Community Development; Fire Chief; Chief Building Official-, City
Engineer; Fire Marshal; Assistant Fire Marshal; Superintendent of Water Quality Control
plant and their authorized designees.
"Best management practices (BMPs)" means schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention practices,
maintenance procedures and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to "waters of the United States." BMPs also include
treatment requirements, operating procedures and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"City" means the City of South San Francisco.
"City storm sewer system" means and includes, but is not limited to, those facilities within
the city by which storinwater may be conveyed to waters of the United States, including
any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
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manmade channels or storm drains, which is not part of a publicly owned treatment works
(POTW) as defined in 40 CFR § 122.2.
"Construction" means constructrn clearing, ink. . or excavation that results in soil
_.'
disturbance or has the out-a'de ex osure of construction material that has t
...........
d lic 10
b r to the storm drain sy tem. Construct' n also includes structure demolition.
CLonstruQtion does not_aixclude interior remodelipL sure of construction
with no outside ca
material or construction waste to stormwater or mechanical oermit work.
"Dredized. S_
are
taken in_
or re iM��qt_ppq
Qqsaq_s_ t �_b
P re
"DisQhar Qrbm.eans to allow pollutants to directly or indirectly enter
—m-C when used as a v
storryiwater or to allow stormwate• or non -stp�rmwaterjq directl or indirectly enter the
storm drain an aivi, tv or operation. When used as a noun "dischar Q__..MCaDS
the pollitaq--§ , storniwater a n d/or n on-storm. water that are dischag
"Dischar-g ineans any addi+�'_ r 11
— . an, poll utafit-4&-4iavi-gable waters ffem any poinA
1HOR E)� any the 06eafl
_R _Lff a vessel or- - :ie r floatm
ee I-ey H o
a ra
ions or ownrn
facilities, which will or mav result in.. ants.entq d
in&_EtQr:mwatqK.Qr_the storm drain
aystem. Discharger also means the owners of real PrODerty-jon which.- s Lick... activit es
e� °ations or facilities are _located° rxrov sled ver that ajQgal goymnicnt or public
authoritv is not a dischaTger as to activities conduc(Q
xLby-othe s in public rights-of-wad
"Illicit discharge" means any discharge to the city storm sewer system that is not composed
entirely of stormwater except discharges pursuant to a NPDES permit and discharges
resulting from fire fighting activities.
"Nonstormwater discharge''meqns any 1 that is not .entirely composed of
discharge t
stormwater.
NPDFS" permit means. ..... National pollutant. Discharge Eliminatilopi—Systern (NPDE
Permit forAhe dischar ate Storm _Sewer
ystems Regional Permit orjMEJP,
"NPDES Permit ermit issued October
14, v the state- R jonal Water
Z009 b _qgi --=Quality Control Board. It includes any revisions,
extensions than ees modifications or amendments, adjustmqjjt, hau e.Qj:
corrections to the original .12—PTIMiL
"Pollutant" means dredged §Rq s soil, solid waste, incinerator residue, filter backwash,
sewage and wastewater, garbage, sewage sludge, munitions, chemical wastes, biological
materials, (radioactive materials-,) ct of
1954, as amended�02 U.S.C. 2011 et se.
cj�, heat equipment, rock,
= .. q
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sand, cellar dirt and industrial, municipal and agricultural waste discharged into water LL40
CER. 1-22,
"Premises" means any building lot parcel, real estate, or land or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
"Redevelopment" means land -disu
r.biz� .a-c-tLvity-wLij.&..wsults in the creation, additionn ,car
replacement of imDervious surface area on an already de eRoped site. Redevelg
include&-but is not limited - to the - expansion -- elf a lacement
of a structure °._ Mlacemcnt of impervious r surface area t. . hat is not Dart of a routine
. .. .. ............. . . . .......... .
maintenance activity; and land diguybing activities related to structural or impervious
surfaces.
"Re lated P f" me ans a p ro j devel P P. o ment. or site im m
Droveent that requires a
ect
building permit. eradina nermitor encroachment Br or that would be subject to these
_q_ I - lie
and those of the NPDE discharge r--
"Stormwater" means storrnwater runoff, snow melt runoff, and surface runoff and drainage,
"Surface Cleaning'! means exterior or interior sttrfaQes includiR&JLit—t nc t limited
windows QL roof ,== crowns , lids o.r_c-o.vcrin s cripberal, face, shell, skin'Kencer, f Adq
facing, frontage sidewalks'
d -
walkw s patios esalleMay, corridor pass . a e w
&ya
driveways. entrance way s access
strips, doors or and other surface on the interior or
exterior.
"Wastewater" means the juid and water
_li -carried m
industrial or doestic m wastes fro
dwell—igg,s, commercial buildi treated or
pntreat6d which is contributed into or l2eimitted to enter the POTW.
,
14.04.131 Star ater treatment requirements.
tormwater treatment requirements as s-occified in N-PDES Permit No. CAS612008
are mandated for certain categories of new lo)nient rojects based upon the
,Qw and redeyt---j— -p
amount of impervious area created, added or ry-
Jaq!zd by a Proi.QQL Storinwater treatment
.-
requirements shall an Iv to the follow in es projects, LQwlqpM and
redevelopment Droiects. special land use categories road projects and required site desim
measures for J-ects and single family homes as deten-ninedby e Director of
..............
Public Works or his/her desgince. Treatment BMP' s for LegjLIatQd--projqcta shatj
incorporate hydraulic sizing design criteria as specified in NPDES Pernjit No., CA5�612008
to treat storrawater runoff.
14.04.132 Site design measures for ulated ects.
All new development acrd ..redevelopment projects subject to planning, buildin
develo ment or other comparable reviews- by the uty, but not meeting the dehnition of a
adqquate site d in
latcd encouraged to include — design casurQs that include
minimizing LarLd disturbance and impervious surfaces. These may J. de clusterii►g of
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structures and avement, diree ing roof runoff to vegetated aregLs
r wetland as enities.
14.04,133 Site design and stormwater treatment
The Director of Public Works or his/her designe shall require pach regulated
.(jl Limit disturbance of natural water bodies and drainqgQ-...5,y te�m.
.
an
(ji serve natural areas. inclu(AR&SAj§�Dg. trees. othel-vegetation. and soils;
�
Permit_ (iii) Minimize jMp.CTV�QUs sIjTf4=Ce
CivhN imize disturbances to natural drainages-,...
Direct roof runoff into cistem�
sQLgain barrels for reuse.
Direct -roof runoff onto VpT,,eWtq4-arcas.
Dircct -- ff from sid-ewalks,-walk and/or patios onto vegetated
- Direct runoff fron
Construct sidewalk s—mallkwa s, /or i)atlos with Dermeable surfaces.
onq�rut driveways. bike lanes and/or covued-parldug ots with
permeable surfaces,
14,04.134 Low imp a-qtAqyg=Ip=p=m=ent (LID) requirme-uts.
The Dumose of LID is to reduce runoff and mimic -.a site's predg_��
hydrology by,Lju lementin)- s ecific r es to control sources of potential gpIlution and
When��ver.gn,_authori7-ed-cnforccment official Finds that a discharge of pollutauts is
in
tak�ing=glacq or has occurred ch will result notice to the owner or responsib erson. t at thaz—illution be remediated and the affected
prop,Zqy restored within a specified time. T rernediation will follow the
h=e=st=eRs for
-5-
requirements and timelines set ford? in the city's Enforcement Response Plan for ridustrial
and Commercial Site Controls, Illicit Discharge Detection and Elimination and
Construction Site Control_
14,9-4-.13 a=i lure Ao cgo=rrectl e r &t AnA- ment facilities,
aintain stormwater tr cat
(a -y land owner to fail to �- It is a violation of this code for an -- - -pL_p
maintain ppj=jaM ove ormwater eaq�LiLt= facilities; or source control best
— ------------ .beast
MM tices on the owner's rapfaty.
(b) It is a furt cr violation for any land owner to fail to follow 4nv stormwater
management plan submitted an at�t�ro_v r city unless a rnodifrcation i±� _the flan is
cial and such modif
ication is
thereafter recorded rig the same mariner
14.04.140 Discharge of pollutants.
The discharge of nonstormwater discharges to the city storm sewer system is
prohibited. All discharges of material other than stormwater must be in compliance with a
NPDES permit issued for the discharge other than NPDES Pen-nit No. CA0029921
CAS612008.
14.04.150 Exceptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth. in, Section
14.04.060 above.
(a) The prohibition on discharges shall not apply to any discharge regulated under
a NPDES permit issued to the discharger and administered by the state of California under
authority of the United States Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit and other applicable
laws or regulations.
(b) Discharges from the following activities will not be considered a source of
pollutants to waters of the United States when properly managed BMP's..-as stated in
NPDES�Pc it T�lo, C : water line flashing and other discharges from potable
water sources, landscape irrigation and lawn watering, irrigation water, diverted stream
flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped
groundwater, foundation and footing drains, water from crawl space pumps, aif
eoiid .. . oning eoiidewation-, springs, individual residential car washings, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges or lows from fire fighting,
and My. other m ed,=ox con ar in accordance ----- --- -S
PenniL -amendment, revision or reissuance thereof aeeor-diiigly
NQ. CAS612008-gLMy.
not s*eet to the pfahibiti-en on diSCIfiffirb-oss.
(c) E!—�� --
A�io t Absolute.
Exemptions Not � Any_disc arge in this Section that is a sig
source Of pollutants or can cause j
=!�
si
nif &nLh c-ant=pollution to waters of the United States shall
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be pr ceted to a re r
1�� re 'ment _
to implement additional BMP's. to reduce Ii --�gc to the maximum
_pQ11lutarits in - the discharge
extent practicable. Such robibition -ec'f
s-- shall be effective on a schedule sp 1 tcd by an
authorized enforcement official in a written notice to the discharger. The schedule may take
into account the nature and severit roof any effects caused by h disq ar q aw(Lthe- time
II-q des enginZer k c BMP's
required Eked t 9 ip-,- .......... e ............. MIMUM
operational.
14.04.160 Discharge in violation of permit.
Any discharge into the stormwater --collection em that would result in or
contribute to a violation of NPDES Permit No. GA0029921 CAS61ZQ08, a copy of which
is filed in the office of the City Clerk, and any amendment, revision or reissuance thereof,
either separately considered or when combined with other discharges, is prohibited.
Liability for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend, indemnify and hold han-riless
the city in any administrative or judicial enforcement action relating to such discharge.
(a) ==�p
g�cific Prohibitions: Prohibit the discharge of wastewater to storm drains
generated from the installation, cicanin-,,IEe�atJ=ng-and washin flip surface of copper
architectural features, including conner roofs to ston-n drains.
Prohibit discharges to---aLqmi drains from pools, fountains that
contgn Rqpp i based ghem Is.
er��dcal -
14.04.180 Reduction of pollutants in stormwater.
Any person engaged in activities which will or may result in pollutants entering the
city storm sewer system shall Linder-take all practicable measures to reduce such pollutants.
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, commercial
facilities, stores fronting city streets, etc. The following minimal requirements shall apply.
(a) Littering. No person shall throw, deposit, leave, maintain, keep or permit to be
thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other
discarded or abandoned objects, articles, and accumulations, 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 lot of land in the city, so that the same might be or
become a pollutant, except in containers or in lawfully established dumping grounds.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any
other body of water in a park or elsewhere within the City.
Lids shall be kept closed on waste containers includangmedun sters, trash cans,
case, tallow, and fry oil containers and othqr-refuse Q0 t
receptacles dudang or Q xeep-
when it is necessary to add. or remove waste. Waste containers shall be kept .- in_: ood
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working-o_rder they have -m,usitnot leak or cause and bay that can be
gg�L
secured to Oreyent opening by wind or other acts of nature.
.............. . -
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or
proprietor of any real property in the City in front of which there is a paved sidewalk shall
maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings
from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or
roadway, but shall be disposed of in receptacles maintained on said real property as
required for the disposal of garbage.
b All dischar es of sanitaryAQV��4 an /or g e
g
r_y w�L-
tqr or any mixtures thereof
from recreational vehicles, nobile food vehicles rrzobile food carts, motor homes. campers
trailers etc. must be discharged to_ the sanitary sewer.-
.0c N Standard for Parking Lots and Similar Structures. Persons owning or
operating a parking lot, gas station pavement or similar structure shall clean those
structures or surfaces as frequently and thoroughly as practicable in a manner that does not
result in discharge of pollutants to the city storm sewer system,
Ud (0 BMP's for New Developments and Redevelopments. My eeastruc-4-en
OE)Rtr E)f perfi3fMilig A,E),4,- 4n " +
.�' I ne City shall endeaN,-or-, whenevef possible, te pf:evide filtef
materials --+, +,'.-.e eateh basin to fetain-any-d- bris a1M d d*..A-41-awing4n4e4he--e*!&-AenB-stwe-r-
system. All construction sites in the-Citv shall im lenient vPar round effective erosion
--- --- 0 ------ ----- --------------
control, ran-on and runoff control sediment---
------------ -------------
MQ1. active treR
water management th-rough all phases
of constructLo pi in
=jjg�ljj-dazjg ut not limited to site gradin
g- --_&j
until the site is stabilized by_ lqndsg or the installaiQn..of permanent erosion control
U -9
measures. The Ddirector of ub R urn. e and rate
p lie Wworks may establish controls on the vol
of stormwater runoff from new developments and redevelopments as may be appropriate to
minimize the discharge and transport of pollutants.
Le) (d) Notification of Intent and Compliance with General Permits, Each industrial
discharger, discharger associated with construction activity, or other discharger, described
in any general stormwater pen-nit addressing such discharges, as may be adopted by the
United States Environmental Protection Agency, the California Regional Water Resources
Control Board, or the California Regional Water Quality Control Board, San Francisco Bay
Region, shall provide notice of intent, comply witli, and undertake all other activities
required by any general stormwater pen-nit applicable to such discharges.
Each discharger identified in an individual NPDES Qr State General Construction Notice of
Intent 1. pern-fit relating to stormwater discharges shall comply with and undertake all
activities required by such pen-nit.
Vii. Compliance with BMP's. Where BMP guidelines or requirements have
been adopted by any federal, state of California, regional and/or city agency, for any
activity, operation or facility which may cause or contribute to stormwater pollution or
contamination, illicit discharges, and/or discharge of nonstorn-iwater to the stormwater
M
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
Ddirector of _ _public Wworks. All wash waters from surface cleaning shall be disposed of
into the sanitary sewers stem or into suitable landscaping,
ent and redevelop -q-t
p to
jects that arQ subject to plannipL buil.&L— e thqi:..S in arable review.
................. . .. - _4qyI.oDment or Q mmp_
These source control measures shall be the on ire ulated prqL
included j 'h, ects consi stent with . included
•
drain stenciling,.. No Dum 2ia_R--- to Bad
• Lan(Lscapiag that minimizes irrigation and runQ-ff -e-
promot s surface infiltration
where possible, minimizes the use of pesticides and fertilizers and
iuco orates
appropriate sustainable landscaping yjFriendly
clices and, programs -gi�arns uch as Ba
Landscaping,.
• AppropriAte covers, drains and,. storage precautions for outdoor material storage
....... — --------
areas, loading docks,,, repair /maintenance bays and fueliny.-areas.
• Covered trash, food -=waste —and _compactor enclosures.
• PLIumbiDg--Qf the following dischargeLt the sanitary sewer, subject to the local
. .......... . ... .
sanitary sewer --&
L hgKges from indoor floQr--Iat/equip -e t/h a
ilter wash racks
or covered outdoor wash racks for restaurants.
2. --DMM§iM enclosures..,
3. Diachar es from outdoor covered wash arcaa fQr vehicles,equipment
and accessories.
Swimm n ool, water if discharge to onsite ve etated areas is not a
feasible
5. Air conditioning condensate. discharge to onsite vegetated areas 's
not a feasible option.
6. Fire sprinkler test water, if discharge to onsite vegetated areas is not
a feasible — option*
14.04.200 Authority to inspect.
6.1eneve.r necess-, - ---c an-i-ftspeetion +,E) enfbfee any of fhe Pfavisiefts of this
ehapter-, e henever an authorized on em-ent-offic4a"as-+e—aseff
th,a4 there in any building or upon any pr-omt&es-any -tee -4-4ien-whic4 tiwtes-a
Viewien of the pfevissions of this chapter, The City shall jp§pgc �deemed necess
the facilities and P se of this chanter is
user to ascertain whether tIj
. . ....... ....... ......
being met and all requiremeRts are in comDliance. 'the official may enter such building or
premises at all reasonable times to inspect the same or perform any duty imposed upon the
official by this chapter; provided that: (i) if such building or premises be occupied, he or
she shall first present proper credentials and request entry; and (ii) if such building or
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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.
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 duty authorized magistrate. In the event the owner and/or
occupant refuses entry after such request has been made, the official 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- inspection, random sampling and/or sampling in areas with evidence of stormwater
contamination, illicit discharges, discharge of nonston'nwater to the stormwater system,
records examination and coDvin sa. or similar factors.
(a) Authority to Sample and Establish Sampling Devices, The city shall have the
right to establish on any property such devices as are necessary to conduct sampling or
metering operations. During all inspections as provided herein, the official may take any
samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the
activities onsite.
(b) Notification of Spills. As soon as any person in charge of a facility or
responsible for emergency response for a facility has knowledge of any confirmed or
unconfirmed release of materials, pollutants or waste which may result In pollutants or
nonstorrnwater discharges entering the city storm sewer system, such person shall take all
necessary steps to ensure the discovery and containment and cleanup of such release and
shall notify the city of the occurrence by telephoning 911 and confinning the notification
by correspondence to the South San Francisco Water Quality Control Plant.
(c) Requirement to Test or Monitor. Any authorized enforcement official may
request that any person engaged in any activity and/or owning or operating any facility
which may cause or contribute to stormwater pollution or contamination, illicit discharges,
and/or discharge of rionstormwater to the stormwater system, undertake such monitoring
activities and/or analyses and furnish such reports as the official 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 benefits to be obtained. The
recipient of such request shall undertake and provide the monitoring, analyses and/or
reports requested.
14.04.220 Penalty for violation.
(a) If stormwater charges are delinquent for a period of sixty days, a penalty of ten
percent of the amount owed for delinquent stormwater charges shall be imposed. If
stormwater charges are delinquent for a period of one hundred twenty days, an additional
penalty of one and one-half percent per month shall be paid.
(b) Any person violating a provision of this chapter failing to comply with a
mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall
be punished as set forth in Chapter 36900 of the Government Code, After a third conviction
for a violation of the same provision any subsequent violations within a twelve-month
period may be charged as a misdemeanor.
(-a) Continuing Violation. Unless otherwise provided, a person, firm,
corporation or organization shall be deemed guilty of a separate offense for each and every
day during any portion of which a violation of this chapter is committed, continued or
permitted by the person, firm, corporation or organization and shall be punishable
accordingly as herein provided.
Violations of this chanter shall be enforced as follows:
(d) For the first violation the Director of Public Works or his/her designee,
ppon determination that a vi-olation of this chapter has occurred shall issue a written
warnipZ notice the discharger speci g, thQ_xiQlation and the
or notice of violation to t
appropriate penalties in the event of future violations; or denendinp, on the severity c
... . . ........ LW�_
violation, apply a fine for the initial violation. Severitv of the violation will consider
the amount of gallons discharged, the toxicity of such discharger and/or intent �todis�char g
versus accidental disc
bLrgg.s.
.Le). Thereafter, the follQwing naltiess shakIl a
(1) A fine of one hundred dollars for the first violation following the
issuance ..of a warning notice or notice of violati
A fine of two hundred dollars for the second violation that occurs
following the issuance of a warning
_notice or notice of violation:
(3) A fine of five hundred dollars for the third violation that occur
following the issuance Df 4 wani� ing notice or notice of violation;
(4) Fines are cumulative and each day that a violation occurs shall
constitute q separate violation.
Additional enforcement as deemed necessary .shall follow the elements
—_
listed in the Enfornement Response Plan.
14.04.270 Appeals.
(a) Stormwater Project Coordinator. Any discharger affected by any decision,
action or determination, including assessments and abatement orders, made in interpreting
or implementing the provisions of this chapter, or any permit issued hereunder, may file
with the stormwater project coordinator a written request for review of such decision,
action or determination, setting forth. in detail the facts supporting the request no later than
thirty (30) days after the date of the ftc,isjon action or determination Nov-em ef4-5tb' The
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stormwater project coordinator shall complete the review and issue a written deten-nination
within ten days after receipt of the request, unless the director of public works or his/her
designee reasonably extends the time thereof
(b) Written Appeal to Director of Public Works or his/her Designee. The
stormwater project coordinator's original decision, action of determination, and action
taken after review may be appealed to the director of public works or his/her designee by
the discharger affected by filing a written appeal with the director of public works or
his/her designee within ten days after the notice of the decision of the stori-fiwater project
coordinator. The written appeal shall specify what is being appealed and state all pertinent
aspects of the matter. Within thirty days after the written appeal is filed, the director of
public works or his/her designee shall hold a hearing. Notice of the hearing shall be served
personally or by registered or certified mail return receipt requested, at least ten days
before the hearing. Service may be made upon any agent or officer of a corporation.
(1) At the time and place designated in the notice, the director of public services or
his/her designee shall hear and consider all relevant evidence. The hearing shall not be
conducted according to the formal rules of evidence. Any relevant evidence shall be
admitted if it is the type of evidence on which reasonable persons are accustomed to rely on
in the conduct of serious affairs. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but hearsay evidence shall not be
sufficient by itself to support a finding unless it would be admissible over objections in
civil actions in courts of competent jurisdiction in this state. The discharger may represent
itself or be represented by anyone of its choice. The hearing may be continued from time to
time.
(2) Within ten days after the conclusion of the hearing, the director of public works
or his/her designee shall render a written decision and where applicable an order of
abatement. This decision shall set forth the factual findings made by the director of public
works, the conclusion reached, any abatement or adjustment in assessments required and
the date by which such abatement shall occur.
(3) A successful appeal by the applicant, with respect to the correction of
stormwater charges, requires the applicant to pay the charges as billed in total. The city will
then reimburse the taxpayer for any overpayments.
(c) Written Appeal to the City Council. Any person shall have a right to appeal
any determination made pursuant to any authority provided by this code, to the city
council, in order to exhaust administrative remedies, by filing with the city clerk a written
notice of such appeal. Incorporated herein by reference, and applicable to this chapter
herein, is the appeals process lawfully enacted by Chapter 1.28 of this code.
- 12-
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 9t" day of January, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 23'd day of January, 2013 by the following vote:
AYES: Councilmembers Mark Addiego, Richard Garbarinoand Pradepp Gupta,
Mayor Pro Tern Matsumoto and Mayor Pedro Gonzalez
NOES: None
ABSTAIN; None
ATT�T:
Cij/Ctrk .- Krr ..a J y
As Mayor of the City of South San Francisco, 1 do hereby approve the foregoing
ordinance this 23'd day of January, 2013,
d
Pedro Gonzalez, May