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Ord 2014-021
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Ord 2014-021
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11/19/2014 4:40:56 PM
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11/19/2014 4:40:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
11/17/2014
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8B Consent 2014 1117
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
8G Consent 2014 1103
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1103
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national standard of performance or national pretreatment or toxicity standard or requirement, <br /> shall be civilly and/or criminally liable to the City in a sum not to exceed Six Thousand Dollars <br /> ($6,000.00) for each per day in which such per violation occurs (civilly liable to penalties <br /> imposed by the City) and in a sum not to be less than One Thousand Dollars ($1,000.00) for each <br /> per day in which such per violation occurs. The City may petition the Superior Court to impose, <br /> assess and collect such sums pursuant to this Chapter and Section 54740 of the California <br /> Government Code. <br /> 3-18-175 ACTS POTENTIALLY RESULTING IN VIOLATION OF FEDERAL <br /> CLEAN WATER ACT AND/OR PORTER-COLOGNE ACT. <br /> Any person who violates any provision of this Chapter, any provision of any permit <br /> issued pursuant to this Chapter, or who discharges waste or wastewater which causes pollution, <br /> or who violates any cease and desist order, prohibition, or effluent limitation, may also be in <br /> violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the <br /> sanctions of those Acts including civil and criminal penalties. Any enforcement action <br /> authorized under this Article shall also include notice to the violator of such potential liability. <br /> 3-18-180 CIVIL ACTIONS. <br /> In addition to any other remedies provided for in this Chapter, any violation of this Title <br /> may be enforced by civil action brought by the City. In any such action,the City may seek, and <br /> the court shall grant, as appropriate, any or all of the following remedies: <br /> (a) A temporary and/or permanent injunction; <br /> (b) Assessment of the violator for the costs of any investigation, inspection, or <br /> monitoring survey which led to the establishment of the violation, and for the reasonable costs of <br /> preparing and bringing legal action under this subsection; <br /> (c) Compensatory damages for loss and destruction to water quality, wildlife, fish <br /> and aquatic life. Assessments under this subdivision shall be paid to the City to be used <br /> exclusively for programs of the Environmental Services lien Section. <br /> 3-18-185 AUTHORITY TO ISSUE CITATIONS OF ARREST. <br /> The City Manager may issue a citation for an infraction and notice to appear in the <br /> manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code (or as the same may <br /> hereafter be amended:)_It is the intent of the City Council that the immunities prescribed in <br /> Section 836.5 of the Penal Code be applicable to public officers or employees acting in the <br /> course and scope of their employment pursuant to Title 3 of the Penal Code. <br /> Police officers, but not the City Manager, shall have and are hereby vested with the <br /> authority to arrest or cite any person who violates any section of Title 3 in the manner provided <br /> by the California Penal Code for the arrest or release on citation of misdemeanor infractions as <br /> prescribed by Chapters 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be <br /> hereinafter amended). <br /> 3-18-190 CONTINUING VIOLATION. <br /> Unless otherwise provided, a person, firm, corporation, or organization shall be deemed <br /> guilty of a separate offense for each and every day during any portion for which a violation of <br /> this Title 3 is committed, continued, or permitted by the person, firm, corporation or organization <br /> and shall be punishable accordingly as herein provided. <br /> ORDINANCE NO.2014-021 5 <br />
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