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File Number: 14-457 made by the hearing officer is unsatisfactory to the person requesting reconsideration, he may within ten (10) days after notification of the City's action, file a written appeal to the City Council. The written appeal shall be heard by the body within sixty (60) days from the date of filing. The City Council shall make a final ruling on the appeal within thirty (30) days of the close of the hearing. The City Manager's decision, action or determination shall remain in effect during such period of reconsideration. The City Council's determination on the appeal shall be final. 3-18-170 CIVIL AND CRIMINAL PENALTIES. Any person, without regard to intent or negligence, who violates any provision of Chapter 3-14 of this Code, or of any provisions of any permit issued pursuant to these regulations, or who discharges any material which causes contamination, nuisance, pollution, or who violates any cease and desist order, termination of service, prohibition, effluent limitation, national standard of performance or national pretreatment or toxicity standard or requirement, shall be civilly and/or criminally liable to the City in a sum not to exceed Six Thousand Dollars ($6,000.00) for eaGh per day OR `"'hinh S ,Gh per violation E)GG FS (Gi„i"„ liable to penalties imposed by the City) and in a sum not to be less than One Thousand Dollars ($1,000.00) for each per in `"'hinh S„Gh per violation. The City may petition the Superior Court to impose, assess and collect such sums pursuant to this Chapter and Section 54740 of the California Government Code. 3-18-175 ACTS POTENTIALLY RESULTING IN VIOLATION OF FEDERAL CLEAN WATER ACT AND/OR PORTER -COLOGNE 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 wastewater 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 penalties. Any enforcement action authorized under this Article shall also include notice to the violator of such potential liability. 3-18-180 CIVIL ACTIONS. In addition to any other remedies provided for in this Chapter, any violation of this Title 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 the 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) Compensatory damages for loss and destruction to water quality, wildlife, fish and aquatic life. Assessments under this subdivision shall be paid to the City to be used exclusively for programs of the Environmental Services Div+sier- Section. 3-18-185 AUTHORITY TO ISSUE CITATIONS OF ARREST. The City Manager may issue a citation for an infraction and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code (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 acting in the City of San Leandro Page 5 Printed on 11113/2014