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HomeMy WebLinkAboutOrdinances - No. 1740ORDINANCE N0.1740 HE CITY COUNCIL OF THE CITY OF LODl MUNICIPAL CODE TITLE 13 - PUBLIC CHAPTER 13.14 “STORMWATER SCHARGE CONTROL” RELATING TO STORMWATER ..................................................................... BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS: Section 1. Lodi Municipal Code Title 13 - Public Services is hereby amended by adding Chapter 13.14 “Stormwater Management and Discharge Control” to read as follows: Sections: 13.14.01 0 13.14.020 13.14.030 13.1 4.040 13.1 4.050 13.14.060 13.14.070 13.14.080 13.14.090 13. f 4.100 13.14.1 10 13.14.120 13.14.1 30 13.14.140 13.1 4.150 13.14.1 60 13.14.170 13.14.21 0 Chapter 13.14 STORMWATER MANAGEMENT AND DISCHARGE CONTROL Article I. General Provisions Title Article 11. Discharge Restrictions ge of Nonstormwater Prohibited Acts potentially resulting in Violation of Federal Clean Water Act Reduction of Pollutants in Stormwater Containment and Notification of Spills and Porter Cologne Act Article 111. Service Charges and Fees Storm Drain and Cooling Water Service Charges Billing and Collections Permit Design Standards Article IV. Construction Generally Article V. Extensions Purposes 13.14.220 13.14.230 13.1 4.240 13.1 4.250 13.14.260 13.14.310 13.14.320 13.14.330 13.14.340 13.14.350 13.14.410 13.14.420 13.14.430 13.1 4.440 13.14.450 13.1 4.460 13.1 4.470 13.14.480 13.14.01 0 ntage Width Reimbursement - Oversize Mains Article VI. Administration , Monitoring and Analysis Prevention on Article VII. Enforcement e Article I. General Provisions Title This chapter shall be known as the City "Stormwater Management and Discharge Control Code," and may be cited as such, and will be referred to herein as '?his chapter." 13.14.020 Purpose and Intent The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of the City by controlling Nonstormwater Discharges to the Stormwater Conveyance System, by eliminating discharges to the Stormwater Conveyance System from spills, dumping or disposal of materials other than Stormwater, and by reducing Pollutants in urban Stormwater discharges to the maximum extent practicable. This chapter is intended to assist in the protection and enhancement of the water quality of Watercourses, water bodies, and wetlands in a manner pursuant 10 and consistent with the Federal Water Pollution Control Act and amendments thcrcto and to assure compliance with the conditions set forth by the National Pollution Discharge Elimination System (NPDES) as reqirirements of Stormwater discharge permits. 13.14.030 Definitions. The following words, when used in this chapter, shall have the following meanings: "Basin Plan" means the water quality control plan for the San Joaquin River Basin adopted by the Central Valley Regional Quality Control Board, Central Valley Region. -2- ies, prohibitions of practices, on and education practices, s to prevent or reduce to the ectly or indirectly to waters of ude treatment requirements, off, spillage or leaks, sludge “Citf means the City of Lodi. elopment” means the b g or placement of any structure or portion thereof. ’ means a documented Employee Training Program which mented by a business pursuant to a Stormwater Pollution ose of educating its employees on methods of reducing discharge of Pollutants to the Stormwater Conveyance System. “Enforcement Agency” means the City of Lodi Public Works Department. “Enforcement Official” means the Public Works Director or his or her designee or any authorized to enforce co~pliance with this chapter. eans any discharge to the Stormwater Conveyance System that or is prohibited by federal, state, or local laws, or which degrades g Waters in violation of any Plan Standard. onnection” means any physical connection to the Stormwater conveyance which authorized by the City of Lodi and the Regional dater Quality ion system (NPRES) permit” means a permit issued trol Board or the State Water Resources Control ivision 7, Chapter 5.5 of the California Water Code (commencing with Section 13370) to control discharges from point sources to waters of the United States. “Noncommercial Vehicle Washing” means the washing and rinsing of passenger e property in which no commercial enterprise is being conducted in the vehicles. Control Board I Valley Region. / “Nonstormwater Discharge” means any discharge to the Stormwater Conveyance System that is not entirely composed of Sto~~water. “Order , which constitutes NPDES Permit No. CA , together with all am~ndments, on file in the office of the City clerk. “Person” means any Person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise. “Plan Standard means any or all applicable requirements of the basin plan or any other approved plan. ” means Regional Water Quality Control Board Order -3- “Pollutant” means any contaminant which can degrade the quality of the receiving water in violation of any Plan Standard. “Premises” means any building, lot, parcel, land or portion of land whether improved or unimproved. “Public Works Director” means the director of the City of Lodi, Public Works Department. “Receiving Waters” means surface bodies of water as described in Order No. WlB, including creeks, canals, and rivers, which serve as discharge points for the Stormwater Conveyance System. “Stormwater” means surface runoff and drainage associated with storm events which is free of Pollutants to the maximum extent practicable. “Stormwater Conveyance System” means those artificial and natural facilities within the City of Lodi, whether publicly or privately owned, by which Stormwater may be conveyed to a Watercourse or waters of the United States, including any roads with drainage systems, streets, alleys, catch basins, pumps, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, sand and oil separators, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains. “Stormwater Pollution Prevention Plan” means a document which describes the Best Management Practices to be implemented by the owner or operator of a business or City to eliminate Nonstormwater Discharges and/or reduce to the maximum extent practicable Pollutant discharges to the Stormwater Conveyance System. “User” means any Person that discharges, causes or permits the discharge of Stormwater into the conveyance system. ‘Watercourse” means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation rivers, creeks, canals, runs, and rivulets. Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the Stormwater discharge permi~ing program issued by the ction Agency, as amended, and which are not specifically defined in s of this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation. 13.14.040 Conflicts with Other Laws in the event of any conflict between this chapter and any federal or state law, permit, that requirement which establishes the higher standard for ety shall govern. To the extent permi~ed by law, nothing in this de en~orcement of any other applicable law, regulation, order or permit. Article II. Discharge Restrictions 13.14.050 Discharge of Nonstormwater Prohibited 13.14.060 of this pter, it is unlawful for any r cause to be any No~stormwa ischarge. Notwithstanding -4- ter, if the Regional Water Quali~ that any otherwise exempt di oard or the causes or tes to violations of any Plan Standard, or conveys significant quantities of Pollutants to surface water(s) or Watercourse(s), or is a danger to public health or safety, such discharge shall be prohibited from entering the Stormwater Conveyance System. 13.1 4.060 Exceptions to Discharge Prohibition Subject to the authority granted to the Regional Water Quality Control Board and r, the following discharges to rohibition set forth in Section the Enforcement Official in Section 13.14.420 of this cha the Stormwater Conveyance System are exempt from th 13.74.050 of this chapter. Any disch e or connection regulated under a NPDES permit issued to the discharger and ad stered by the State of California pursuant to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regula~i~n§~ Discharges from the following activities which do not cause or contribute to the violation of any Plan S~andard: A. B. 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. Water line and well flushing and other discharges from potable water sources, Landscape irrigation and lawn watering, Rising ground waters or springs, ps and basement pumps, ed in California Code Section 251 17. Diverted stream flows. Uncon~aminated ground water infiltration to separate storm sewers; C. the Regional W protection of the public Any discharge which the Enforcement Official, the local health officer, or Control Board determines in writing is necessary for the discharge caused by flooding or other natural disaster which could onably foreseen or mitigated for in advance by the discharger, as determined by the ~nforcement Official. 13.1 4.070 Groundwater Discharges undwater not subject to a NPDES permit may be mwater Conveyance System upon written approval conditions of approval set forth by the City. -5- Discharge in Violation of Permit It is unlawful for any pe individually or jointly any discharge to ts in or contributes to a violation of Order 13.14.090 Illicit Connections Prohibited and violations of this chapter for any Person to establish, use, or nnection. 13.14.1 00 ncealment and Abetting itting, aiding, abetting or concealing a violation of any provision of itute a violation of this chapter^ s Potentially Resulting in Violation of ' Federal nd/or Porter-Cologne Act who violates any provision of this chapter, any provision of any want to this chapter, or who discharges waste or wastewater which or who violates any cease a sist order, prohibition, or effluent be in violation of the Federal Water Act (33 USC 1251 et seq.) ne Water Quality Control ornia Water Code Section 13000 et seq.) and may be subject to the sanctions of those Acts including civil and criminal penalties. I 13.14.120 Reduction of Pollutants in Stormwater ngaged in activities which may result in Pollutant entering the nce System shall, to the maximum extent practicable, undertake rth below to reduce the risk of Nonstormwater Discharge and/or A. Business Related Activities 1. Stormwater Pollution Prevention Plan. The Enforcement Official iness in the City that is eng d in activities which may result in evelop and implement a mwater Pollution Prevention Plan, an Employee Training Program. Business activities which may water Pellution P~ev~ntion Plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, OF cleanup procedures which are carried out partially or wholly out of doors. Coordination with Hazardous Materials Release Response Plans and Inventory. Any business requiring a hazardous materials release response and inventory plan under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting Nonstormwater Discharges and Illegal Discharges, and requiring the release of Pollutants to be reduced to the maximum extent practicable. 2. 6- 3. Coordination with Hazardous Waste G Procedures. Any business requiring a h n and emergency procedures pursuant to California Code of ~egulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting Nonstormwater Discharges and Illegal Discharges, and requiring the release of Pollutants to be reduced to the maximum extent practicable. B. City 1. The Enforcement Official may develop controls as appropriate to ischarge of Stormwater Poilu ). Controls may include measures to prevent pollution of Stormwater and/or treatment controls designed to remove Pollutants from StoFmwater. Any Person performing construction in the City shall prevent Pollutants from entering the Stormwater Conveyance System and comply with all I, state and local laws, ordinances or regulations including but not era1 permit for Stormwater discharges associated with construction activity and the City grading, erosion and sediment control policies. C. Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger subject to any general Stomwater permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board Central Valley Region or the City of Lodi shall comply with the requirements of such permit. D. Compliance with Best manage men^ Practices. Every Perso any activity or use of a Premises which may cause or contribute to Storm or contamination, Illegal ~ischarges, or Nonstormwater Discharges shall comply with nt Practices guideline or pollution control requirements as may be lished by the Enforcement Official. Containment and Notification of Spills 2. 13.14.130 Any Person owning or occupying a Premises who has knowledge of any release of Pollutan?s tormwater Discharge from or across those Premises which might enter the Sto Conveyance System, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of Pollutants or Nonstormwater Discharge, and shall notify the Enforcement Agency within twenty-four (24) hours of the release of Pollutants or NonstormwateF Discharge. Article 111. Service Charges and Fees 13.1 4.1 40 Storm Drain and Cooling Water Service Charges A. The rate for disposal of storm waters, cooling water discharges or construction flush waters into the City’s Stormwater Conveyance System will be established by resolution. B. The schedule of cha for the inspection, sampling and analysis of City’s Stormwater Conveyance System will be The City shall estimate and determine the amount of storm, cooling water or construction flush waters deposited into the City’s Stormwater Conveyance System of the sewice elects to provide, install and maintain in good working ting meter satisfactory to the City for the purposes of measuring such storm, cooling water or construction flush water. In determining the amount of storm, cooling water or construction flush the City’s Stormwater Conveyance System, no charge shall be aters or minor irrigation waters or drainage from roofs, pavements s within the City limits. Where such drainage is metered along with er, a credit of one thousand two hundred fifty (1,250) gallons per year for each one hundred (100) square feet, as projected and measured upon a horizontal piane, or such drainage area tributary to the meter shall be allowed., Where roofs or other areas are sprinkled or flushed, such flushing or sprinkling waters shall be included in the quan~ities for billing purposes. 13.14.150 Billing and Collections this code. nd adopted by the City council from time to time by resolution. C. D. All billing and collections for service charges shall be per Section 13.04.030 of Article IV. Construction Generally 7 3.1 4.1 BO Permit 13’14.170 Design Standards tormwater Conveyance Systems or appurtenances ia, the standard plans and specifications and the ures in accordance with current City public improvement design standards. Article V. Extensions 13.14.210 Purpose The fair and equ shall be dist 13.1 4.220 Application ormwater conveyance extension policy that is es and that provides that the cost of extension eloping properties connecting thereto. owner requires storm drainage, an application shall be partment. The Public Works Director shall determine the nveyance and, if an extension is necessary, indicate the size of the main to be extended and the limits of the extension. -8- 13.1 4.230 Applicant~s Obligation extension is n expense, the plans furnished by applicant and approved by the Public Works Director. The plans shall be prepared in accordance with the City design standards. 13.14.240 Whenever the Public Works Director determines that a Stormwater c nt will be required to install, at the appli ce extension in accordance with the e Extension for Full Frontage Width In every case where a storm drain is to be tapped to serve a parcel, the same $hall be extended the full frontage of the parcel unless the Public Works Director determines that the storm drain will not need to be extended to serve any other properties. 13.14.250 Minimum Diameter size storm drain shall have a nominai inside d red as determined by provement design sta e mains may be re with the City public 13.14.260 Reimbursement - Oversize Mains the City requires that a storm drain larger than eighteen (1 to serve additional property or to conform to th master plan, the a t shall be reimbursed for the oversi~ed reimbursement shall be based on the difference in cost between the actual installed and an eighteen-inch storm drain as applicable. The difference in determined by the Public Works Director. accordance with Chapter 16.40. The reimbursement shall Article VI. Administration 13.14.310 Monitoring Facilities A. The Public Works Director may require a construct and maintain, at the User’s expense, monito sampling or mete~~ng equipment to be provided, installed, operated and maintained at the User’s expense. The mo~i~orin~ facility should normally be ~iiuated on the user'^ Premises, but the Public Works Director may, when such a location would be impractical or cause undue hardship on the User or the City, require the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. 8. When the monitoring facility IS inside the User’s fence, there shall be accommodations to allow access for the Public Works Director or designated representative, such as a gate secured with a City lock. There shall be ample room in or near such monitoring facility to allow accurate sampling and compositing of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the User. mercial/industrial User to ions (OSHA) to allow inspecti g internal storm drainage systems and may also require C. Whether constructed on public or private property, plans and approved by the Public Work rector and be in accordance with nstruction Stan icetions. Construction shall be (60) days following written cation by the City, unless a time granted by the City. 13.14.320 inspection, Sampling, Monitoring and Analysis The Public Works Director or designated representative may inspect the facilities any User to ascertain whether the purpose of this chapter is being met and all eing complied with. Persons or occupants of Premises where charged shall allow the Public Works Director or designated access at all reasonable times to all parts of the Premises for the ion or sampling or in pe~ormance of any of their duties. The Public Works Director or designated representative shall have the right to set up on the User's property such devices as are necessary to conduct sampling or metering operations. Where a User has security measures in force which would require proper iden!ification and clearance before entry into their Premises, the User shall make necessary arrangements with its security guards so that upon presentation of suitable identification, the Public Works Director or designated representative will be permitted to enter without delay for the purposes of performing their specific responsibilities. The User will be charged a fee to recover the costs for inspection (investigations), sampling, monitoring and analyses performed by the City to establish billing rates and to ensure compliance with ail regulations. 13.14.340 Confidential Information on and data on a Use ined from reports, s and moni~orin~ p and from inspe other governmen~al without restrictio and is able to dem e to the satisfacti such information would divulge inform or methods that would be imental to the User's competitive position; and (2) disclosure is not required by the California Public Records Code. When re~uested by the Person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies per 40 CFR 403.14; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the Person furnishing the report. Wastewate~ CQflstituents and characteristic§ will not be recogniz~d as confide~tial information. 13.74.350 Special agreement^ irector that the releas B. ts and arrangements between the City and any Persons or shed when, in the opinion of the City council, unusual or es compel special terms and conditions. However, in no case may federal standards be waived or modified. Article VII. Enforcement 13.14.410 Inspection Authority - 10 - o enforce any of the provisions of t Off~cial has reasonable cause to ny Premises any condition which nt Official may enter such building o inspect the same or perform any duty imposed est for entry shall state that the property owner nd that in the event that such entry is refused, ce of a warrant issued by a court of competent r occupant refuses entry after such request has empowered to seek assistance from any court of h entry. Inspections shall be based upon such ay be deemed necessary to carry out the objectives of this chapter, including but not limited to, random sampling and/or sampling in areas with evidence of Stormwater contamination, Illegal Discharge, Nonstormwater Rischarge to the Stormwater Conveyance System, or similar factors. A. Sampling Authority. During any inspection, the Enforcement Official may ples as necessary in order to implement and enforce the provisions of this his authority may fnclude the installation of sampling and metering devices on private property, or requiring the Person owning or occupying the Premises to supply samples. 8. ing, Analysis and ~eporting Authority. The Enforcement Official may require m g, analysis and ~epo~ing of discharges from any Premises to the nce System. Upon service of written notice by the Enforcement , including cost, of these activities, analyses and reports, incurred in requirement shall, to the extent permitted by law, be orne by the onitoring has wner or occupant of the facility or activity for which testing and ." I i 13.14.420 Enforcement Authority ent Official may exercise any enforcement powers authorized or , including without limitation, administrative penalties pursuant to ecessary to effectively implement and enforce this chapter. A. Administrative Enforcement Powers. The Enforcement Official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the Enforcement Official's judgment under the circumstances: I. Notice of Violation (NOV). Whenever the Enfo~cement Official finds that any Person owning or occ ying a Premises has violated or is violating this chapter or an order issued hereunder, the ~nforcement Official may serve, by Personal service, or by registered or certified mail, upon said Person a written NOV. Within thirty (30) days of the receipt of this notice, or as may be prescribed in the NOV, the person so noticed shall submit to the Enforcement Official an explanation of the violation and a plan for the satisfacto~ correction and prevention thereof, which shall include specific required actions. Submission of this plan shall in no way relieve the Person of liab for violations occurring before or after receipt of the NOV. 2. Cease and Resist Orders. The Enforcement Official may require ing or occupying a premises to cease and desist all activities that may te to discharge in violation of this chapter. This order may also require - 11 such Person to: (i) comply with the designated period of time or; (ii) lake ap the violation from recurring. icable provisions of this c riate remedial or preventativ within a n to keep Notice to Clean and Abate. The Enforcement Official may require any Person owning or occupying a premises to clean up and abate any release of Pollutants on those Premises which may result in a violation of this chapter. The Enforcement Official may also order abatement of activities or practices which may ~easonably be expected to result in such a violation. Mitigation. The ~nforcement Official shall have authority to order the mitigation of circumstances which may result in or contribu~e to Illegal Discharges. 5. Stormwater Pollution Preve n Plan. The Enforcement Official shall have the authority to establish elements of a rmwater Pollution Prevention Plan, and to require any business to adopt and implement such a plan, as may be reasonable necessary to fulfill the purposes of this chapter. establish the requiremenis 7. Violations Constituting Misdemeanors. In addition to civil penalties provided for in this chapter, any violation of this chapter may be punishable as a misdemeanor as provided by Section 1.08.010 of this code. 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 or welfare and is thus deemed a nuisance. Any such nuisance may be summarily abated andlor restored by any authorized ~nforcement Official. The City attorney is authorized to pursue civil action@) pursuant to subsection 6 of this section to abate, enjoin, or otherwise compel the cessation of the nuisance. 9. 3. 4. 6. Best gement Practices. The Enforcement Official may Management Practices for any Premises. 8. Cost Recovery. The cost of the abate men^ and res~ora~ion shall be borne by the owner of the property and the cost therefore shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the Enfo~cement Official shall have the authority to place a lien upon and against the property. If the lien is not satisfied within three months, the Enforcement Official is authorized to take all legal measures as are available to enforce the lien as a judgment, including, without limitation, enforcing the lien in an action brought for a money judgment or by delivery to the county assessor or a special assessment against the property in accordance with ~overnment Code Section 38773.5 10. Seasonal and Recurrent Nuisance. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Enforcement iciai shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. 11. Costs of Enforcement. If the City prevails in any administrative, civil or criminal proceeding initiated under this chapter, the City shall be entitled to seek reimbursement for all costs incurred in connection with said proceeding. Such reimbursable expenses may include, but are not limited to, costs of investigation, administrative overhead, out-of-pocket expenses, costs of ~dministra~ive hearings, and - 12- such costs are granted to the City, said costs shall be recoverable ion (A)(Q) of this section. Civil Actions. In addition to any other remedies provided in this chapter, chapter may be en~orced by civil action brought by the City attorney. nder this subsect~on shall be d to the City to be used exclusively with monitoring and establ ng Stormwater discharge pollution or implementing CF enforcing the provisions of this chapter. In any ay seek, as appropriate, any or all of the following remedies: A temporary and/or permanent injunction; Assessment of the violator for the costs of any investigation, ablishment of the violation, and for ction under this subsection; B. 1. 2. inspection, or monitoring survey which led to the the reasonable costs of preparing and b~inging leg Costs incurred in removing, correcting or te~minating the ,adverse effects resulting from the violation; 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life not to exceed $~,OOO per day, per occurrence in which such violations occur. The City attorney, upon order of the City council, shall petition the superior court to impose, assess and recover suc sums. This penalty is in addition to any penalties which may be imposed by the State egional Water Quality Control Board and the Environmen~al Protection Agency. Should the damage also cause the City to be cited for a violation of State or Federal requirements, the cost of said citation will be passed onto the offending party. 3. ty to Arrest or Issue Citations. Any authorized Enf sted with the authority to arrest or cite and release of this chapter in the manner provided by the Calif ease on citation of misdemeanors or infractions ad described by Chapters 5, 5(c) and 5(d) of Title 3, Part 2 of the California Penal Code (5r as the same may herea~er be amended). Such authorized Enforcement Official may issue citations and notice to appear in the manner prescribed by Chapter 5(c) Title 3, Part 2 of the California 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 California Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter. ~mergen~y Orders and Abat~ments. The Enforcement Official may order the abatement of any discharge from any source to the Stormwater conveyance ~ystem when, in the opinion of the En~oFce~en~ o~~cial, the discharge causes or threarens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit. In emergency situations where the prope~y owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety or welfare, or the environment or a violation of a NPDES permit, the City may perform or cause to be performed such work as shall be necessary to abate said threat or danger. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the provisions of subsection (A)(9) of this section. D. - 13 - I E. Notice. Any NOV, cease and de order, or other civil notice or civil include a copy of Section 13.74.450 of this chapter outlining appeal rights. 13.14.430 Remedies not Exclusive by the ~nforcement Official pursu to this chapter Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 13.14.440 Compliance Timetable unacceptable Stormw place, or is threatening to take pla ion of prohibitions or l in this chapter, the City may r User to submit for approva modifications as it deems necessary a detailed time schedule of specific actions, w the User shall take in order to prevent or correct a violation of requirements. 13.14.450 Appeal , When the City finds that dischar d with a NOV, who is subject to a cease and ement order, who is required to perform man ctive activities by an authorized Enforcement e decision of the authorized Enforcement Official, may decision to the Public Works Director within ten (10) days following t the decision by fit a written appeal with the Public Works Director. Upon receipt of such request, the rector shall request a report and recommendation from the authorized Enforc ial and shall set the matter for hearing at the earliest practical date. Due notice of the hearing shall be provided to the Person appealing the decision of the authorized En~orcement Official. At the hearing, the Public Works Director may hear additional evidence, and may reject, affirm or modify the author~zed Enforcement Official’s decision. The Public Works Director’s decision shall be final. 13.1 4.460 Disclaimer of Liability red reasonable for regulatory purposes an on scientific, engineering, and r relevant technical considerations. The st forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of Pollutants into the waters of the United States. This chapter shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on the code or any administra~ive decision lawfully made thereunder. 13.14.470 City Authority The degree of required by this chapter is cons The Enforcement Official is authorized to make any decision on behalf of the City required or called for by this chapter. 13.1 4.480 Judicial Review ons of California Code of Civil Procedure Section 1094.6 are I review of City decisions pursuant to this chapter. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed - 14- of Care. This nee is not intended to and shall ses upon the City, or any officer uty of care towards persons or properly within the provide a basis of civil liability for damages, except as provision of this ordinance or the application thereof is held invalid, such invalidity shall not affect other dinance which can be given effect without the invalid ion. To this end, the provisions of this ordinance are severable. The declares that it would have adopted this ordinance irrespective of the invalidity of any paflicular portion thereof. . This ordinance shall be published one time in the “Lodi News-Sentinel,” a per of general circulation printed and published in the City of Lodi and shall irty days from and after its passage and approval. Approved this 7Ih day of January, 2004 IS - State of California County of San Joaquin, ss. Ordinance No. 1740 was introduced at a regular meeting of th of Lodi held December 17, 2003, and was thereafter passed, print at a regular meeting of said Council held January 7, 2004, by the following vote: I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Council of the City led and ordered to AYES: COUNCIL MEMBERS - Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES; COUNCIL M€MBERS - None ABSENT: COUNCIL MEM I ABSTAIN: COUNCIL MEMBERS -None I further certify that Ordinance No. 1740 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: r RANDALL A. HAYS City Attorney SUSAN J. BLACKSTON City Clerk