HomeMy WebLinkAboutOrd 1145-1994ORDINANCE NO. 1145-94
AN ORDINANCE REPEALING CHAPTER 14.04 ENTITLED
UNLAWFUL DEPOSITS IN STORM SEWERS AND ADDING
CHAPTER 14.04 ENTITLED "STORM WATER MANAGEMENT
AND DISCHARGE CONTROL" OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Chapter 14.04 Repealed.
Chapter 14.04 entitled "Unlawful Deposits in Storm Sewers" is
hereby repealed.
SECTION 2:
Chapter 14.04 Added.
Chapter 14.04 is hereby added to the South San Francisco
Municipal Code to read as follows:
14.04.010 Title.
This ordinance shall be known as the "City of South San
Francisco Storm Water Management and Discharge Control Ordinance"
and may be so cited.
14.04.020 Purpose and Intent
The purpose of this Chapter is to ensure the future health,
safety, and general welfare of the City of South San Francisco
citizens by:
(a)
eliminating non-storm water 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 storm water.
(c)
reducing pollutants in storm water discharges to
the maximum extent practicable.
The intent of this ordinance is to protect and enhance the
water quality of our watercourses, water bodies, and wetlands in a
manner pursuant to and consistent with the Clean Water Act.
14.04.030 Construction and application.
This ordinance 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. CA0029921 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 storm water discharge permitting program issued
by the Environmental Protection Agency on November 16, 1990 (as may
from time to time be amended) as used in this ordinance 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 storm water. These terms presently are defined as
follows:
(a) Discharge.
Any addition of any pollutant to navigable waters
from any point source, or any addition of any pollutant to the
waters of the contiguous zone or the ocean from any point source
other than a vessel or other floating craft.
(b) Illicit discharge.
Any discharge to the city storm sewer system that is
not composed entirely of storm water except discharges pursuant to
a NPDES permit and discharges resulting from fire fighting
activities.
(c) Pollutant.
Dredged soil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, (radioactive materials,) equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste
discharge into water.
(c) Storm water.
Storm water runoff, snow melt runoff, and surface
runoff and drainage.
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(d) Authorized enforcement official.
When used in this chapter, the following city
officials are authorized enforcement officials: director of public
works; director of economic & community development; fire chief;
chief building official; city engineer; assistant fire chief; fire
marshal; assistant fire marshal; superintendent of water quality
control plant and their authorized designees.
(e) Best management practices ("BMPs").
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.
(f) City.
The City of South San Francisco.
(g) City storm sewer system.
Includes but is not limited to those facilities
within the city by which storm water may be conveyed to waters of
the United States, including any roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade
channels or storm drains, which is not part of a Publicly Owned
Treatment Works (POTW) as defined in 40 CFR §122.2.
(h) Non-storm water discharge.
Any discharge that is not entirely composed of storm
water.
(i) Premises.
Any building lot parcel, real estate, or land or
portion of land whether improved or unimproved including adjacent
sidewalks and parking strips.
14.04.050 Responsibility for administration.
This chapter shall be administered for the city by the
director of public works. Where storm drain facilities and/or
watercourses have been accepted for maintenance by the San Mateo
County Flood Control and Water Conservation District or other
public agency legally responsible for certain watercourses, then
the responsibility for enforcing the provisions of this chapter may
be assigned to such agency, through contract or agreement executed
by the city and such agency, with respect to those watercourses for
which they have accepted maintenance.
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14.04.060 Storm water charqes established.
Pursuant to the provisions of Health and Safety Code Section
5471 the city establishes a system of charges for its storm water
drainage system. For the purposes of such system of charges
"assessment roll" means the roll upon which general taxes of the
city are collected and "annual real property tax statement" means
the annual tax statement issued by the county of San Mateo.
14.04.070 Schedule of charges.
The charges for services furnished by the city may be based
upon the class of use or area of parcels as determined by
resolution of the city council adopted by a four-fifths vote.
Charges shall be assessed on a yearly basis against parcels as set
forth in the master fee schedule adopted by resolution of the city
council.
14.04.080 Collection.
Ail storm water charges hereinabove provided for shall be
collected on the official tax assessment roll, together with all
regular municipal real property taxes. The charges shall
constitute liens upon the particular lots or parcels of land
affected and shall be effective at the same time and to the same
extent as is provided for by law in the case of property taxes,
with like penalties for delinquencies, all provided for by Health
and Safety Code Section 5473.5, et seq.
14.04.090 Special charges.
The city may, upon a proper showing and upon the city
council's making a determination in connection therewith, enter
into a special written agreement with any industrial or commercial
concern providing for the direct payment of storm water charges to
the city rather than for the charges to be collected on the tax
rolls; provided, however, that in the event of a default, the city
shall be entitled to receive from the particular taxpayer the
benefit of all applicable penalties for delinquencies and to avail
itself of all applicable remedies for the enforcement of
collection.
14.04.100 Finance director report - Notice and hearing.
Annually, on or before the first day of July, it is the duty
of the finance director to file with the city clerk a report
containing a summary of the annual charges of real property,
computed in conformity with the schedule of charges. Thereafter,
the city council shall hold a public hearing with respect to the
report, after the city clerk has given notice by publication, in
accord with Government Code Section 6066.
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14.04.110 Adoption of report.
On or before the tenth day of August of each year, following
the final determination of the city council with respect to the
annual report the city clerk shall file with the county auditor a
copy of the report with a statement endorsed thereon over the
clerk's signature that it has been finally adopted by the city
council. The county auditor shall then enter the amounts of the
charges against the respective lots of parcels of land as they
appear on the then current assessment roll based upon detailed data
provided by the city.
10.04.120 Lien aqainst the property.
In accordance with the Health and Safety Code Section 5473.5
et seq., the amount of the charges shall constitute a lien against
the lot or parcel of land against which the charges have been
imposed. The amount shall be included on bills for taxes and shall
be subject to all laws applicable to the levy, collection and
enforcement of general taxes, including, but not limited to, those
pertaining to delinquency, correction, cancellation, refund and
redemption.
10.04.130 Additional charges.
The city may adopt fees to provide for the recovery of costs
from users of the storm water system. Such fees may include, but
are not limited to, permits, monitoring, inspections and
surveillance procedures, accidental discharge matters, appeals,
reimbursement of costs incurred by city for removal of pollutants,
and any other fees the city deems necessary to carry out the
requirements of this chapter. The applicable fees shall be as set
forth in the city's master fee schedule.
14.04.140 Discharqe of pollutants.
The discharge of non-storm water discharges to the city storm
sewer system is prohibited. All discharges of material other than
storm water must be in compliance with a NPDES permit issued for
the discharge other than NPDES Permit No. CA0029921.
14.04.150 Exceptions to discharqe 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 National Pollutant Discharge
Elimination System (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.
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(b) Discharges from the following activities will not be
considered a source of pollutants to waters of the United States
when properly managed - water line flushing and other discharges
from potable water sources, landscape irrigation and lawn watering,
irrigation water, diverted stream flows, rising ground waters,
infiltration to separate storm drains, uncontaminated pumped ground
water, foundation and footing drains, water from crawl space pumps,
air conditioning condensation, springs, individual residential car
washings, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges or flows from fire fighting, and
accordingly are not subject to the prohibition on discharges.
14.04.160 Discharqe in violation of permit.
Any discharge that would result in or contribute to a
violation of NPDES Permit No. CA0029921, 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 harmless the city in any administrative or
judicial enforcement action relating to such discharge.
14.04.170 Illicit discharge and illicit connections.
It is prohibited to establish, use, maintain, or continue
illicit drainage connections to the city storm sewer system, and to
commence or continue any illicit discharges to the city storm sewer
system. This prohibition is expressly retroactive and applies to
connections made in the past, regardless of whether made under a
permit or other authorization or whether permissible under the law
or practices applicable or prevailing at the time of the
connection.
14.04.180 Reduction of pollutants in storm water.
Any person engaged in activities which will or may result in
pollutants entering the city storm sewer system shall undertake 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
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FII.E. NO.~'/'/~''~/'/~Z:
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.
The occupant or tenant, or in the absence of occupant or
tenant, the owner, lessee, or proprietor of any real property in
the City of South San Francisco 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.
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.
(b) Standard for parking lots and similar structures.
Persons owning or operating a parking lot, gas station
pavement or similar structure shall clean those structures as
frequently and thoroughly as practicable in a manner that does not
result in discharge of pollutants to the city storm sewer system.
(c) Best manaqement practices for new developments and
redevelopments.
Any construction contractor performing work in the city
shall endeavor, whenever possible, to provide filter materials at
the catch basin to retain any debris and dirt flowing in to the
city's storm sewer system. The director of public works may
establish controls on the volume and rate of storm water runoff
from new developments and redevelopments as may be appropriate to
minimize the discharge and transport of pollutants.
(d) Notification of intent and compliance with general
permits.
Each industrial discharger, discharger associated with
construction activity, or other discharger, described in any
general storm water permit addressing such discharges, as may be
adopted by the United States Environmental Protection Agency, the
State Water Resources Control Board, or the California Regional
Water Quality Control Board, San Francisco Bay Region, shall
provide notice of intent, comply with, and undertake all other
activities required by any general storm water permit applicable to
such discharges.
Each discharger identified in an individual NPDES permit
relating to storm water discharges shall comply with and undertake
all activities required by such permit.
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~e) Compliance with best manaqement practices.
Where best management practices 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 storm water pollution or
contamination, illicit 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 of public works.
14.04.190 Watercourse protection.
Every person owning property through which a watercourse
passes, or such person's lessee or tenant, shall keep and maintain
that part of the watercourse within the property reasonably free of
trash, debris, excessive vegetation, and other obstacles which
would pollute, contaminate, or significantly retard the flow of
water through the watercourse; shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or
physical integrity of the watercourse; and shall not remove healthy
bank vegetation beyond that actually necessary for said
maintenance, nor remove said vegetation in such a manner as to
increase the vulnerability of the watercourse to erosion.
No person shall permit or cause to be committed any of the
following acts, unless a written permit has first been obtained
from the director of public works.
(a) Discharge into or connect any pipe or channel to a
watercourse;
(b) Modify the natural flow of water in a watercourse;
(c) Carry out development within thirty feet of the center
line of any creek or twenty feet of the top of a bank;
(d) Deposit in, plant in, or remove any material from a
watercourse including the banks, except as required for necessary
maintenance;
(e) Construct, alter, enlarge, connect to, change, or remove
any structure in a watercourse; or
(f) Place any loose or unconsolidated material along the side
of or within a watercourse or so close to the side as to cause a
diversion of the flow, or to cause a probability of such material
being carried away by storm waters passing through such
watercourse.
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14.04.200 Authority to inspect.
Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever an authorized enforcement
official has reasonable cause to believe that there exists in any
building or upon any premises any condition which constitutes a
violation of the provisions of this chapter, 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 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 duly 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 ordinance, 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.
(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 on-
site.
(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 non-storm water discharges
entering the city storm sewer system, such person shall take all
necessary steps to ensure the discovery and containment and clean-
up of such release and shall notify the city of the occurrence by
telephoning 911 and confirming the notification by correspondence
to the South San Francisco Water Quality Control Plant.
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(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 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 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.
14.04.210 Violations constituting misdemeanors.
Any person violating or failing to comply with any of the
following provisions of this ordinance shall be guilty of a
misdemeanor, which shall be enforced and punishable in the manner
prescribed by the Penal Code and the Government Code of the State
of California or abated as a nuisance herein.
14.04.220 Penalty for violation.
(a) If storm water 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 storm water
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 or
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.
14.04.230 Concealment.
Causing, permitting, aiding, abetting or concealing a
violation of any provision of this chapter shall constitute a
violation of such provision.
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14.04.240 Acts potentially resulting in violation of federal
clean water act and/or porter-coloqne act.
Any person who violates any provision of this chapter, any
provision of any permit issued pursuant to this chapter, or who
discharges waste or waste water which causes pollution, or who
violates any cease and desist order, prohibition, or effluent
limitation, may also be in violation of the federal Clean Water Act
and/or Porter-Cologne Act and may be subject to the sanctions of
those Acts including civil and criminal penalty. Any enforcement
action authorized under this Article should also include notice to
the violator of such potential liability.
14.04.250 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 a threat to the public health, safety
and welfare, and is declared and deemed a nuisance, and may be
summarily abated and/or restored by any authorized enforcement
official, and/or civil action to abate, enjoin or otherwise compel
the cessation of such nuisance may be taken by the city attorney.
The cost of such abatement and restoration shall be borne by
the owner of the property and the cost thereof shall be a lien upon
and against the property and such lien shall continue in existence
until the same shall be paid. If the lien is not satisfied by the
owner of the property within three months after the completion by
the authorized enforcement official of the removal of the nuisance
and the restoration of the property to its original condition, the
property may be sold in satisfaction thereof in a like manner as
other real property is sold under execution.
If any violation of this chapter constitutes a seasonal and
recurrent nuisance the city council shall so declare. Thereafter
such seasonal and recurrent nuisance shall be abated every year
without the necessity of any further hearing.
14.04.260 California code of civil procedure section 1094.6.
The provisions of Section 1094.6 of the California Code of
Civil Procedure are applicable to judicial review of city decisions
pursuant to this chapter.
14.04.270 ApDeals.
(a) Storm water 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 storm water project
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mia: NO. ("~//?'O'"-~'~
coordinator a written request for review of such decision, action,
or determination, setting forth in detail the facts supporting the
request no later than November 15. The storm water project
coordinator shall complete the review and issue a written
determination 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 storm water 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 storm water 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 alls 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. Heresy evidence may be used for the purpose of
supplementing or explaining any direct evidence, but heresy
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 storm water charges, requires the
applicant to pay the charges as billed in total. The city will
then reimburse the taxpayer for any over payments.
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(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 the South San
Francisco Municipal Code.
14.04.280 Civil actions.
In addition to any other remedies provided in this section,
any violation of this section may be enforced by civil action
brought by the city. In any such action, the city may seek, and
the court shall grant, as appropriate, any or all of other
following remedies.
(a) A temporary and/or permanent injunction.
(b) Assessment of the violator for the costs of any
investigation, inspection, or monitoring survey which led to the
establishment of the violation, and for the reasonable costs of
preparing and bringing legal action under this subsection.
(c) Costs incurred in removing, correcting, or terminating
the adverse effects resulting from the violation.
(d) Compensatory damages for loss or destruction to water
quality, wildlife, fish and aquatic life. Assessments under this
subsection shall be paid to the city to be used exclusively for
costs associated with monitoring and establishing storm water
discharge pollution control systems and/or implementing or
enforcing the provisions of this ordinance.
14.04.290 Administrative enforcement powers.
In addition to the other enforcement powers and remedies
established by this ordinance, any authorized enforcement official
has the authority to utilize the following administrative remedies.
(a) Cease and desist orders.
When an authorized enforcement official finds that a
discharge has taken place or is likely to take place in violation
of this chapter, the official may issue an order to cease and
desist such discharge, or practice, or operation likely to cause
such discharge and direct that those persons not complying shall:
(1) comply with the requirement; (2) comply with the time schedule
for compliance, and/or (3) take appropriate remedial or preventive
action to prevent the violation from recurring.
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(b) Notice to clean.
Whenever an authorized enforcement official finds any
oil, earth, dirt, grass, weeds, dead trees, tin 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 the city storm sewer system, he or she may give
notice to remove such oil, earth, dirt, grass, weeds, dead trees,
tin 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 activities as described in the notice.
14.04.300 Authority to arrest or issue citations.
Authorized enforcement officials shall have and are hereby
vested with the authority to arrest or cite any person who violates
any section of this code in the manner provided by the California
Penal Code for the arrest or release on citation of misdemeanor
infractions as prescribed by chapter 5, 5c, and 5d of Title 3, Part
2 of the Penal Code or as the same may be hereinafter amended.
Such authorized enforcement officials 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 or
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 or
employees acting in the course and scope of employment pursuant to
this chapter.
Bail for infractions shall be as set by resolution of the city
council.
14.04.310 Remedies not exclusive.
Remedies under this Article 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.
14.04.320 Coordination with hazardous materials inventory
and response program.
The first revision of the business plan for any facility
subject to the city's hazardous materials inventory and response
program shall include a program for compliance with this chapter,
including the prohibitions on non-storm water discharges and
illicit discharges, and the requirement to reduce storm water
pollutants to the maximum extent practicable.
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SECTION 3.
SEVERABILITY
In the event any section or portion of this ordinance shall be
determined invalid or unconstitutional, such section or portion
shall be deemed severable and all other sections or portions hereof
shall remain in full force and effect.
SECTION 4.
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 (1)
publish the Summary, and (2) post in the city Clerk's Office a
certified copy of this Ordinance. Within fifteen (15) days after
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.
Introduced at a regular meeting of the City Council of the
the City of South San Francisco, held the 22nd day of June , 1994.
Adopted as an Ordinance of the city of South San Francisco at
a special meeting of the City Council of the City of South San
Francisco, held the 22nd day of July , 1994, by the following
vote:
AYES:
Councilmembers John R. Penna. Roberta Cerri Teglia.
Robert Yee and Mayor Joseph A. Fernekes
NOES:
Councilmember Jack Drago
ABSTAIN: None
ABSENT: None
As Mayor of the City of South San Francisco, I do hereby
approve the foregoing Ordinance this 22nd
Stormwatcr. Mgt
day of July , 1994.
15
CENTRAL RECORDS