HomeMy WebLinkAboutORD NO. 15-1351 (STRORMWATER MGMT & POLLUTION)1
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ORDINANCE NO. 15-1351
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
RELATING TO LOW IMPACT DEVELOPMENT AND STORMWATER
MANAGEMENT AND POLLUTION CONTROL AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE AND REPEALING
CONFLICTING OR REDUNDANT PROVISIONS OF THE GREEN
BUILDING STANDARDS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.44 of Title 8 of the Hermosa Beach Municipal Code is amended in
its entirety to read as follows:
)ter 8.44 STORMWATER AND URBAN RUNOFF
REGULATIONS
Sections:
8.44.010 Title
8.44.020 Findings
8.44.030 Purpose and Intent
8.44.040 Definitions
8.44.050 Construction and Application
8.44.060 Prohibited Activities
8.44.070 Exempted Discharges and Conditionally Exempted Discharges
8.44.080 Good Housekeeping Provisions
8.44.090 Requirements for Industrial/Commercial and Construction Activities
8.44.095 Low Impact Development Requirements for New Development and Redevelopment
Projects
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8.44.100 Inspection Authority
8.44.110 Violations of Stormwater and Dry Weather Runoff Pollution Control Regulations
8.44.120 No Taking
8.44.010 Title
This Chapter shall be known as the "City of Hermosa Beach Stormwater Management and
Pollution Control Ordinance."
' 8.44.020 Findings
A. The Congress of the United States (hereinafter "Congress") has determined that
pollutants contained in stormwater and dry weather runoff are responsible for the environmental
degradation of oceans, lakes, rivers, and other waters of the United States.
B. Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants
discharged into the waters of the United States by extending National Pollutant Discharge
Elimination System (hereinafter "NPDES") requirements to regulate stormwater and dry weather
runoff discharge into municipal storm drain systems.
C. Stormwater and dry weather runoff flows from individual properties onto streets,
then through storm drains to coastal waters along the City of Hermosa Beach.
D. The City of Hermosa Beach is a co-permittee under the "Waste Discharge
Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal
Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long
Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28,
2012, issued by the California Regional Water Quality Control Board - Los Angeles Region;
which also serves as a NPDES permit under the Federal Clean Water Act. As a co-permittee, the
City is required to maintain adequate legal authority within its respective jurisdiction to control
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pollutant discharges and to require the use of control measures to prevent or reduce the discharge
of pollutants into the MS4 to achieve water quality standards.
E. In order to control, in a cost-effective manner, the quantity and quality
stormwater and dry weather runoff to the maximum extent practicable, the adoption of
regulations, as set forth herein, is essential.
F. It is the intent of this Ordinance to simplify and streamline the Hermosa Beach
Municipal Code with respect to stormwater low impact development provisions for new
development and redevelopment projects
by incorporating the substantive
elements
of the
stormwater provisions of Chapter 15.48
Green Building Standards of the
Hermosa
Beach
Municipal Code into this Chapter.
G. The City of Hermosa Beach is small in geographic area, comprising 1.4 square
miles. Accordingly, it is reasonable to simplify the determination of the stormwater quality design
volume for new development and redevelopment projects by adopting a single design storm depth
applicable to all project sites within the City while meeting the intent of the Municipal NPDES
Permit. The stormwater quality design volume is defined by the Municipal NPDES Permit as the
greater of either the runoff from the 0.75 inch, 24-hour rain event or the 85th percentile, 24-hour
storm as determined from the Los Angeles County 85th percentile precipitation isohyetal map.
According to the referenced map, the largest 85th percentile, 24-hour rain event within the City
Hermosa Beach is approximately 0.77 inches. Thus to simplify regulatory requirements z
streamline the project review process, the City of Hermosa Beach has determined to define
stormwater quality design volume as the runoff from the 0.8 inch, 24-hour rain event for all n
development and redevelopment projects subject to low impact development requirements
Section 8.44.095 of this Chapter.
8.44.030 Purpose and Intent
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A. The purpose of this Chapter is to comply with the Federal Clean Water Act, the
California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit where the
City has jurisdictional authority by:
1. Reducing pollutants in stormwater discharges to the maximum
practicable;
2. Regulating illicit connections and illicit discharges and thereby reducing the
level of contamination of stormwater and dry weather runoff into the MS4; and
3. Regulating non-stormwater discharges to the MS4.
B. This chapter is also intended to provide the City with the legal authority necessary
to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the
Municipal NPDES Permit to the extent they are applicable in the City, to control discharges to and
from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES
Permit, and to hold dischargers to the MS4 accountable for their contributions of pollutants and
flows.
C. This Chapter also sets forth requirements for the construction and operation of
certain "commercial and industrial facilities," "new development," and "redevelopment" projects,
and other activities (as further defined herein), which are intended to ensure compliance with the
stormwater mitigation measures prescribed in the current version of the Municipal NPDES Permit,
which is on file in the Office of the City Clerk of this City. This Chapter authorizes the Authorized
Enforcement Officer to define and adopt applicable Best Management Practices (BMPs) and other
stormwater pollution control measures, to grant emergency self -waivers from Municipal NPDES
Permit requirements, as provided herein, to cite infractions, and to impose fines pursuant to this
Chapter. Except as otherwise provided herein, an Authorized Enforcement Officer shall
administer, implement, and enforce the provisions of this Chapter.
8.44.040 Definitions
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Except as specifically provided herein, any term used in this Chapter shall be defined as that term
is defined in the current Municipal NPDES Permit, or if it is not specifically defined in the
Municipal NPDES Permit, then as such the term is defined in the Federal Clean Water Act, as
amended, and/or the regulations promulgated thereunder. The following definitions apply to this
Chapter only:
"Authorized Enforcement Officer" means the City Manager, Public Works Director,
Community Development Director, Fire Chief or Police Chief, or the designees of those
individuals.
"Automotive Service Facilities" means a facility that is categorized in any one of the
following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 5511, 7532-7534, or
7536-7539.
"Best Management Practices (BMPs)" means practices or physical devices or systems
designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to
receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to
the receiving water. Examples of BMPs may include public education and outreach, proper
planning of development projects, proper cleaning of catch basin inlets, and proper sludge
waste -handling and disposal, among others.
"City" means the City of Hermosa Beach.
"Commercial Development" means any development on private land that is not heavy
industrial or residential. The category includes, but is not limited to: hospitals, laboratories and
other medical facilities, government facilities, educational and religious institutions, recreational
facilities, plant nurseries, multi -apartment buildings, car wash facilities, mini -malls and othe
business complexes, shopping malls, hotels, office buildings, public warehouses, and other ligh
industrial complexes.
"Construction" means any construction or demolition activity, clearing, grading, grubbing,
excavation, or any other activity that results in land disturbance. Construction does not include
routine maintenance activities required to maintain the integrity of structures by performing minor
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repair and restoration work, original line and grade, hydraulic capacity, or original purpose of
facility; emergency construction activities required to immediately protect public health and safety
(including fire prevention); clearing and grubbing of vegetation for landscape maintenance which
is not associated with a larger construction project; interior remodeling with no outside exposure of
construction material or construction waste to stormwater; mechanical permit work; or sign pernil
work. See "Routine Maintenance" definition below. Where clearing, grading, or excavating of
underlying soil takes place during a repaving operation, Construction General Permit coverage is
required if one acre or more is disturbed or the activities are part of a larger plan of construction.
"Construction General Permit" means the NPDES General Permit for Stormwater
Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-
DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that
permit.
"Control" means to minimize, reduce, eliminate, or prohibit by technological, legal,
contractual or other means, the discharge of pollutants from an activity or activities.
"Development" means any construction, rehabilitation, redevelopment or reconstruction of
any public or private residential project (whether single-family, multi -unit or planned unit
development); industrial, commercial, retail and other non-residential projects, including public
agency projects; or mass grading for future construction. It does not include routine maintenance
to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it
include emergency construction activities required to immediately protect public health and safety.
"Directly Adjacent" means situated within 200 feet of the contiguous zone required for the
continued maintenance, function, and structural stability of the environmentally sensitive area.
"Discharge" means when used without qualification the "discharge of a pollutant."
"Discharging Directly" means outflow from a drainage conveyance system that is
composed entirely or predominantly of flows from the subject property, development, subdivision,
or industrial facility, and not commingled with the flows from adjacent lands.
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"Discharge of a Pollutant" means any addition of any "pollutant" or combination
pollutants to "waters of the United States" from any "point source" or, any addition of
pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from
point source other than a vessel or other floating craft which is being used as a means of
transportation. The term "discharge" includes additions of pollutants into waters of the United
States from: surface runoff which is collected or channeled by man; discharges through pipes,
sewers, or other conveyances owned by a State, municipality, or other person which do not lead to
a treatment works; and discharges through pipes, sewers, or other conveyances, leading into
privately owned treatment works.
"Discretionary Project" is defined in the same manner as Section 15357 of the "Guideli
For Implementation Of The California Environmental Quality Act" contained in Title 14 of
California Code of Regulations, as amended, and means a project which requires the exercise of
judgment or deliberation when the City decides to approve or disapprove a particular activity, as
distinguished from situations where the City merely has to determine whether there has been
conformity with applicable statutes, ordinances, or regulations.
"Disturbed Area" means an area that is altered as a result of clearing, grading, and/or
excavation.
"Dry Weather Runoff' means surface water flow produced by non-stormwater resulti
from residential, commercial, and industrial activities involving the use of potable and non-potab
water.
"Environmentally Sensitive Area (ESA)" means an area in which plant or animal life
their habitats are either rare or especially valuable because of their special nature or role in
ecosystem and which would be easily disturbed or degraded by human activities and developments
(California Public Resources Code § 30107.5). Areas subject to stormwater mitigation
requirements are areas designated as Significant Ecological Areas by the Hermosa Beach Coastal
Land Use Plan; an area designated as a Significant Natural Area by the California Department of
Fish and Game's Significant Natural Areas Program, provided that area has been field verified by
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the Department of Fish and Game; an area listed in the Water Quality Control Plan - Los
Region - Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties a
supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an are
identified by the City as environmentally sensitive.
"Good Housekeeping Practices" means common practices related to the storage, use, o
cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Example
include, but are not limited to, purchasing only the quantity of materials to be used at a given time
use of alternative and less environmentally harmful products, cleaning up spills and leaks, ani
storing materials in a manner that will contain any leaks or spills.
"Hillside" means property located in an area with known erosive soil conditions, where the
development contemplates grading on any natural slope that is twenty-five percent or greater and
where grading contemplates cut or fill slopes.
"Illicit Connection" means any human -made conveyance that is connected to the MS4
without a permit, excluding roof -drains and other similar type connections. Examples include
channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain
system.
"Illicit Discharge" means any discharge into the MS4 or from the MS4 into a receiving
water that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The
term illicit discharge includes all non-stormwater discharge except authorized non-stormwater
discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges
resulting from natural flows specifically identified in the Municipal NPDES Permit.
"Infiltration" means the downward entry of water into the surface of the soil.
"Inspection" means the entry and conducting of an on -site review of a facility and its
operations, at reasonable times, to determine compliance with specific municipal or other legal
requirements. The steps involved in performing an inspection, include, but are not limited to:
1) Pre -inspection documentation research;
2) Request for entry;
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3) Interview of facility personnel;
4) Facility walk-through;
5) Visual observation of the condition of facility premises;
6) Examination and copying of records as required;
7) Sample collection (if necessary or required);
8) Exit conference (to discuss preliminary evaluation); and
9) Report preparation, and if appropriate, recommendations for coming into
compliance.
"Low Impact Development (LID)" means building or landscape features designed to rctain
or filter stormwater runoff.
"Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles
County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-
2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the
California Regional Water Quality Control Board - Los Angeles Region, and any successor permit
to that permit.
"Municipal Separate Storm Sewer System" or "MS4" means a conveyance or system
conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
1) Owned or operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under
State law such as a sewer district, flood control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
2) Designed or used for collecting or conveying stormwater;
3) Which is not a combined sewer; and
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4) Which is not part of a Publicly Owned Treatment Works (POTW)
defined in 40 Code of Federal Regulations 122.2.
"New Development" means land disturbing activities; structural development, includin
construction or installation of a building or structure, demolition of existing development an
construction of a new building or structure, creation of impervious surfaces; and land subdivision.
"Non-Stormwater Discharge" means any discharge to an MS4 or from the MS4 into
receiving water that is not composed entirely of stormwater.
"NPDES Permit" means any waste discharge requirements issued by the California
Regional Water Quality Control Board - Los Angeles Region or the State Water Resources Contro
Board as an NPDES Permit pursuant to California Water Code Section 13370 (other than th(
Municipal NPDES Permit).
"Parking Lot" means land area or a facility for the temporary parking or storage of mo
vehicles used for business, for industry, for commerce, for government, for nonprofit enterprises
for personal use, with a parking lot size of five thousand (5,000) square feet or more, or w
twenty-five (25) or more parking spaces.
"Pollutant" means those "pollutants" defined in Section 502(6) of the federal Clean Wa
Act (33 U.S.C. §1362(6)), or incorporated into California Water Code Section 13373. Examples
pollutants include, but are not limited to, the following:
1) Commercial and industrial waste (such as fuels, solvents, detergents, pl
pellets, hazardous or toxic substances, fertilizers, pesticides, slag, ash, and sludge);
2) Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium;
non-metals such as phosphorus and arsenic;
3) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
4) Excessive eroded soils, sediment and particulate materials in amounts which
may adversely affect the beneficial use of the receiving waters, flora or fauna of the State;
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5) Animal wastes (such as discharge from confinement facilities, kennels,
pens, and recreational facilities); and
6) Substances having characteristics such as pH less than 6 or greater than 9, or
unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or
enterococcus.
"Project" means all development, redevelopment, and land disturbing activities.
"Redevelopment" means the creation, addition, or replacement of impervious surfaces on
an already developed site. Redevelopment includes, but is not limited to, the following activities
that meet the minimum standards set forth in this definition: (1) the expansion of a building
footprint, an addition, or replacement of a structure; (2) development of a structure, including an
increase in impervious area; (3) replacement of impervious surface that is not part of a routine
maintenance activity; and (4) land disturbing activities related to structural or impervious surfaces.
Redevelopment does not include routine maintenance activities that are conducted to maintain
original line and grade, hydraulic capacity, original purpose of facility or emergency
redevelopment activity required to protect public health safety.
"Regional Board" means the California Regional Water Quality Control Board - Losl
Angeles Region.
"Restaurant" means a facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks for
immediate consumption. (SIC Code 5812 Establishments primarily engaged in the retail sale of
prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and
institutional food service establishments are also included in this industry.).
"Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils.
"Routine Maintenance" includes, but is not limited to, projects conducted to:
1) Maintain the original line and grade, hydraulic capacity, or original purpose
of the facility;
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2) Perform as needed restoration work to preserve the original design grade,
integrity and hydraulic capacity of flood control facilities;
3) Includes road shoulder work, regrading dirt or gravel roadways and
shoulders and performing ditch cleanouts;
4) Update existing lines (including replacing existing lines with new materials
or pipes) and facilities to comply with applicable codes, standards, and regulations regardless if
such projects result in increased capacity; and
5) Repair leaks.
Routine maintenance does not include construction of new lines or facilities resulting
compliance with applicable codes, standards and regulations. New lines are those that are
associated with existing facilities and are not part of a project to update or replace existing lines.
'Runoff' means any runoff including stormwater and dry weather flows from a drain:
area that reaches a receiving water body or subsurface. During dry weather it is typicall
comprised of base flow either contaminated with pollutants or uncontaminated, and
flows.
"Significant Ecological Area" (SEA) means an area that is determined to possess al
example of biotic resources that cumulatively represent biological diversity, for the purposes o
protecting biotic diversity, as part of the Hermosa Beach Coastal Land Use Plan. Areas ar,
designated as SEAs if they possess one or more of the following criteria:
1) The habitat of rare, endangered, and threatened plant and animal species;
2) Biotic communities, vegetative associations, and habitat of plant and anima
species that are either one of a kind, or are restricted in distribution on a regional basis;
3) Biotic communities, vegetative associations, and habitat of plant and
species that are either one of a kind or are restricted in distribution in Los Angeles County;
4) Habitat that at some point in the life cycle of a species or group of species,
serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability
either regionally or within Los Angeles County;
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5) Biotic resources that are of scientific interest because they are either an
extreme in physical/geographical limitations, or represent an unusual variation in a population or
community;
6) Areas important as game species habitat or as fisheries;
7) Areas that would provide for the preservation of relatively undisturbed
examples of natural biotic communities in Los Angeles County; and
8) Sensitive coastal resource areas defined in California Public Resources Code
Section 30116 as: "[s]pecial marine and land habitat areas, wetlands, lagoons, and estuaries as
mapped and designated in Part 4 of the coastal plan."
"Simple LID BMP" means a BMP constructed above ground on a single-family residential
home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require
an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs
include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain)
gardens, and pervious pavement.
"Site" means the land or water area where any "facility or activity" is physically located or
conducted, including adjacent land used in connection with the facility or activity.
"Source Control BMP" means any schedule of activities, prohibition of practices,
maintenance procedures, managerial practices or operational practices that aim to prey(
stormwater pollution by reducing the potential for contamination at the source of pollution.
"Storm Event" means a rainfall event that produces more than 0.1 inch of precipitation
24 hours unless specifically stated otherwise.
"Stormwater" means stormwater runoff and surface runoff and drainage related to
precipitation events (pursuant to 40 Code of Federal Regulations § 122.26(b)(13); 55 Federal
Register 47990, 47996 (Nov. 16, 1990)).
"Stormwater Runoff' means that part of precipitation (rainfall or snowmelt) which travels
via flow across a surface to the MS4 or receiving waters from impervious, semi -pervious or
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pervious surfaces. When all other factors are equal, runoff increases as the perviousness of
surface decreases.
"Structural BMP" means any structural facility designed and constructed to mitigate
adverse impacts of stormwater and dry weather runoff pollution (e.g., canopy, struct
enclosure). Structural BMPs may include both Treatment Control BMPs and Source Cor
bpi LVJ.
"Treatment" means the application of engineered systems that use physical, chemical, or
biological processes to remove pollutants. Such processes include, but are not limited to, filtration,
gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV
radiation.
"Treatment Control BMP" means any engineered system designed to remove pollutants by
simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or
any other physical, biological, or chemical process.
8.44.050 Construction and Application
This Chapter shall be construed to assure consistency with the requirements of the federal Clean
Water Act and the California Porter -Cologne Water Quality Control Act, and acts amendatory
thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES
Permit, and any amendment, revision or reissuance thereof.
8.44.060 Prohibited Activities
A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or
continue illicit connections to the MS4, or to commence or continue any illicit discharges to the
MS4. This prohibition against illicit connections is expressly retroactive and applies to connections
made in the past but excludes permitted improvements to real property over which uncontaminated
stormwater runoff flows.
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B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to
be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other
discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk,
walk street, driveway, storm drain, inlet, catch basin conduit or drainage structure, business place,
or upon any private plot of land in the City, so that the same might be or become a pollutant or be
discharged to or through the MS4. No person shall throw or deposit litter in any fountain, pond,
lake, stream, or other body of water within the City. This subsection shall not apply to refuse,
rubbish, garbage or recyclables deposited in containers, bags, or other appropriate receptacles
which are placed in designated locations for regular solid waste pick up and disposal.
C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves,
dirt, or other landscape debris into the MS4.
D. Non-Stormwater Discharges. All non-stormwater discharges into the MS4 are
prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a
discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State
Water Resources Control Board; associated with emergency firefighting activities (i.e., flows
necessary for the protection of life or property); natural flows as defined in the Municipal NPDES
Permit; conditionally exempt non-stormwater discharges as defined in accordance with the
Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by U.S.
Environmental Protection Agency (USEPA) pursuant to Sections 104(a) or 104(b) of the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited
discharges include, but are not limited to:
1. The discharge of wash waters to the MS4 when gas stations, auto repair
garages, or other type of automotive service facilities (including those located at automotive
dealerships) are cleaned;
2. The discharge of wastewater to the MS4 from mobile auto washing, steam
cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;
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3. Discharges to the MS4 from areas where repair of machinery
equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze,
undertaken;
4. Discharges of runoff to the MS4 from storage areas of materials containing
grease, oil, or other hazardous substances (e.g., motor vehicle parts), and uncovered receptacles
containing hazardous materials;
5. The discharge of chlorinated/brominated swimming pool water and filter
backwash or swimming pool water discharges that contain any detergents, wastes, or algaecides, or
any other chemicals including salts from pools commonly referred to as "salt water pools" in
excess of applicable water quality objectives;
6. Discharges of runoff from the washing of toxic materials from paved or
unpaved areas to the MS4;
7. Discharges to the MS4 from washing impervious surfaces in
industrial/commercial areas which results in a discharge of runoff to the MS4, unless specifically
required by the State's, or the City's, or Los Angeles County's Health and Safety Codes and
conducted utilizing BMPs specified in the Municipal NPDES Permit, or permitted under a separate
NPDES Permit;
8. Discharges from the washing out of concrete trucks, pumps, tools, and
equipment into the MS4;
9. Discharges to the MS4 of any pesticide, fungicide, or herbicide, banned by
the USEPA or the California Department of Pesticide Regulation;
10. The disposal of hazardous wastes into trash or recycling containers used ft3r
municipal solid waste disposal, or placed for removal by municipal solid waste disposal or
permitted collector, where such disposal causes or threatens to cause a direct or indirect discharge
to the MS4;
11. Discharge of any food or food processing wastes; and
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12. Discharge of any fuel and chemical wastes, animal wastes, garbage,
batteries, and other materials that have potential adverse impacts on water quality.
E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would
result in or contribute to a violation of the Municipal NPDES Permit, either separately or in
combination 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 person(s) shall
defend, indemnify, and hold harmless the City from all losses, liabilities, claims, or causes o
actions in any administrative or judicial action relating to such discharge.
F. Industrial Activities. No person shall conduct any industrial activity in the Ci
without obtaining all permits required by State or Federal law, including a NPDES Genet
Industrial Activity Stormwater Permit when required. Persons conducting industrial activit
within the City shall refer to the most recent edition of the Industrial/Commercial Stormwater Bes
Management Practices Handbook, produced and published by the California Stormwater Qualit}
Association, for specific guidance on selecting BMPs for reducing pollutants in stormwatei
discharges from industrial activities.
8.44.070 Exempted Discharges and Conditionally Exempted Discharges
Discharges from those activities specifically identified in, or pursuant to the Municipal NPDES
Permit as being Exempted Discharges or Conditionally Exempted Discharges shall not be
considered a violation of this Chapter, provided that any applicable BMPs developed pursuant to
the Municipal NPDES Permit are implemented to minimize any adverse impacts from such
identified sources and that required conditions outlined in the Municipal NPDES Permit are met
prior to discharge.
8.44.080 Good Housekeeping Provisions
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Owners and occupants of property within the City shall implement Best Management Practices to
prevent or reduce the discharge of pollutants to the MS4 to the maximum extent practicable.
Treatment and structural BMPs shall be properly operated and maintained to prevent the breeding
of vectors. Implementation includes, but is not limited to:
A. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose
or create the potential to expose any chemical or septic waste to precipitation.
B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to
the maximum extent practicable. Runoff of water from the conditionally exempt washing down of
paved areas shall be minimized to the maximum extent practicable utilizing BMPs specified in the
Municipal NPDES Permit including sweeping and collection of debris for trash disposal.
Conditionally exempt non-stormwater discharges of roadway/driveway wash water only include
those discharges resulting from use of high pressure, low volume spray washing, using only
potable water with no cleaning agents. Conditionally exempt non-stormwater discharges of
roadway/driveway wash water do not include hosing of any driveway or roadway with a garden
hose with a pressure nozzle. Water used for irrigation purposes is also subject to Chapter 8.56 of
this Code.
C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to
be repaired or maintained in areas susceptible to or exposed to stormwater shall be placed in a
manner so that leaks, spills and other maintenance -related pollutants are not discharged to the
MS4.
D. Removal and Disposal of Oil, Chemicals, Debris, or Other Pollutionable Materials
from Industrial/Commercial Motor Vehicle Parking Lots. Industrial/commercial motor vehicle
parking lots with more than twenty-five (25) parking spaces that are located in areas potentially
exposed to stormwater shall be swept regularly (including use of absorbent material if necessary)
or other equally effective measures shall be utilized, to remove oil, chemicals, debris, or other
pollutionable materials from such parking lots.
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E. Food Wastes. Food wastes generated by non-residential food service and
distribution sources shall be properly disposed of and in a manner so such wastes are
discharged to the MS4.
F. Best Management Practices. BMPs shall be used in areas exposed to stormwater for
the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes,
landscape debris, garbage, batteries, and hazardous, toxic, or other materials which have potential
adverse impacts on water quality.
8.44.090 Requirements for Industrial/Commercial and Construction Activities
A. Each industrial discharger, discharger associated with construction activity, or
discharger described in any general stormwater permit addressing such discharges, as may be
issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or
the Regional Board, shall comply with all requirements of such permit. Each discharger identi
in an individual NPDES Permit shall comply with and undertake all activities required by
Permit. Proof of compliance with any such Permit may be required in a form acceptable to
Director of Community Development prior to the issuance of any grading, building, or
permits, or any other type of permit or license issued by the City.
B. Stormwater runoff containing sediment, construction materials, or other pollutants
from the construction site and any adjacent staging, storage, or parking areas shall be reduced to
the maximum extent practicable. The following shall apply to all construction projects within the
City, regardless of project size, and shall be required from the time of land clearing, demolition, or
commencement of construction until receipt of a Certificate of Occupancy:
1. Sediment, construction wastes, trash and other pollutants from construction
activities shall be reduced to the maximum extent practicable;
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2. Structural controls such as sediment barriers, plastic sheeting, detention
ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in
order to minimize the escape of sediment and other pollutants from the site;
3. All excavated soil shall be located on the site in a manner that minimizes the
amount of sediment running onto the street, drainage facilities, or adjacent properties. Soil piles
not actively in use shall be bermed or covered with plastic or similar materials until the soil is
either used or removed from the site;
4. No washing of construction or other vehicles is permitted adjacent to a
construction site. No water from the washing of construction vehicles or equipment on the
construction site is permitted to run off the construction site and enter the MS4;
5. Solid waste receptacles must be situated at convenient locations on
construction sites and must be maintained in such a manner that trash and litter and construction
waste does not accumulate on the site nor migrate off site. Receptacles must be securely covered at
the end of each business day and during rain events; and
6. Erosion from slopes and channels must be controlled through the effective
combination of BMPs.
C. The owner or authorized representative of the owner must certify in a form
acceptable to the Director of Community Development, or designee, that BMPs to control runoff
from construction activity at all construction sites as required under this Chapter will be
implemented prior to the issuance of any Demolition, Building or Grading Permit.
D. In addition to the provisions of Subsection B and C above, construction siteE
covering less than one acre must implement an effective combination of erosion and sediment
control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the
discharge of construction wastes, to the satisfaction of the Community Development Director, o1
designee.
E. In addition to the provisions of Subsection B above, construction sites covering one
(1) acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the
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Construction General Permit. A Stormwater Pollution Prevention Plan (SWPPP) shall
developed by a Qualified SWPPP Developer (QSD) for construction sites one acre or more
consistent with the Municipal NPDES Permit. Such plans must be submitted to the Director of
Community Development, or designee, for review and approval prior to the issuance of Building
or Grading Permits. The SWPPP must include all elements required by the Construction General
Permit. SWPPPs must be prepared in accordance with their calculated risk level per the
Construction General Permit. BMPs selected for erosion and sediment control shall be detailed in
the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at
minimum, shall include those BMPs specified in Attachments A, C, D, and/or E of tl
Construction General Permit (or any equivalent attachments in a later amended Permit) based
the project type or risk level. Selected BMPs must be selected, designed, implemented,
maintained in accordance with the BMP technical standards presented in the latest version of the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practices
Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best
Management Practices Manual and addenda.
F. Roadway paving and repair projects must implement at a minimum the BMPs listed
in the Municipal NPDES Permit for such projects. Roadway paving or repair projects one (1) acre
or more in size shall also abide by the Construction General Permit, and implement all necessary
BMPs as required for coverage under the Construction General Permit.
8.44.095 Low lin yact
Projects
for New Development and
A. Projects Required to Comply. All new development and the following types of
redevelopment projects are required to comply with the New Development and Redevelopment
Project Performance Criteria set forth in the Municipal NPDES Permit:
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1. All redevelopment projects, including single or multi -family residential
projects, adding or replacing more than 5,000 square feet of impervious surface area;
2. Industrial parks or sites with 5,000 square feet or more of surface area;
3. Commercial malls or sites with 5,000 square feet or more of surface area;
4. Automotive Service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 acid
7536-7539) with 5,000 square feet or more of surface area;
5. Retail gasoline outlets with 5,000 square feet or more of surface area;
6. Restaurants (SIC 5812) with 5,000 square feet or more of surface area;
7. Parking lots with five thousand (5,000) square feet or more of impervious
surface area or with twenty-five (25) or more parking spaces (cumulative on the project site);
8. Any redevelopment project located in or directly adjacent to or disc
directly into a Significant Ecological Area (as defined herein), where the development will:
a. Discharge stormwater and dry weather runoff that is likely to
a sensitive biological species or habitat; and
b. Create 2500 square feet or more of impervious surface area.
B. The following do not constitute new development or redevelopment and are not
required to comply with the New Development and Redevelopment Project Performance Criteria
set forth in the Municipal NPDES Permit:
1. Routine maintenance activities conducted to maintain original line and
grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activi
required to protect public health and safety;
2. Discretionary permit projects or phased project applications which have
been deemed complete by the effective date of this Chapter; and
3. Discretionary permit projects with a valid vesting tentative map.
C. Where redevelopment results in an alteration to more than fifty percent of
impervious surfaces of a previously existing development, and the existing development was not
subject to post -development stormwater quality control requirements, the entire Project must
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comply with the New Development/Redevelopment Project Performance Criteria in the Municipal
NPDES Permit.
D. Where redevelopment results in an alteration to less than fifty percent of impervious
surfaces of a previously existing development, and the existing development was not subject to
post -development stormwater quality control requirements, only the alteration must comply with
the New Development/Redevelopment Project Performance Criteria in the Municipal NPDES
Permit, and not the entire development.
E. Street and road construction of 5000 square feet or more of impervious surface area
shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green
Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road
construction applies to standalone streets, roads, alleys, and highways, and also applies to streets,
roads and alleys within larger projects.
F. Incorporation of Low Impact Development Program Requirements into Project
Plans.
1. New development and redevelopment projects are required to control
pollutants and runoff volume from the project site by minimizing the impervious surface area
through effective site design and use of water permeable surfaces (e.g., permeable paving or
landscaping) to the extent it is technically feasible on not less than fifty percent of exterior surface
areas excluding building footprints, and controlling runoff through infiltration, bio-retention,
and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES
Permit.
2. An application for a new development or a redevelopment project identifies
in paragraph A of this Section shall incorporate into the project plans a Stormwater Mitigation Plat
("SWMP"), which includes those BMPs necessary to control stormwater pollution from the
completed project. Structural or Treatment Control BMPs (including, as applicable, post
construction Treatment Control BMPs) set forth in project plans shall meet the design standards se
forth in the Municipal NPDES Permit.
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3. Hillside new development or redevelopment projects identified in paragraph
A of this Section shall implement mitigation measures where applicable to:
a. Conserve natural areas;
b. Protect slopes and channels from erosion;
C. Provide storm drain system stenciling and signage;
d. Divert roof runoff to vegetated or other permeable areas before
discharge unless the diversion would result in slope instability; and
e. Direct surface flow to vegetated or other permeable areas before
discharge unless the diversion would result in slope instability.
4. New Development/Redevelopment Project Performance Criteria: Post -
construction Treatment Control BMPs are required for all new development and redevelopment
projects identified in Paragraph A of this Section unless alternative measures are allowed as
provided in the Municipal NPDES Permit. BMPs must be implemented to retain on -site the
Stormwater Quality Design Volume (SWQDv), defined as runoff from the 0.80 inch, 24-hour rain
event.
5. BMPs shall meet the design specifications and on -site retention potelitial
described in the Municipal NPDES Permit.
For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined
in the Municipal NPDES Permit, the projects must implement alternative compliance measures in
accordance with the Municipal NPDES Permit.
6. The following categories of projects which otherwise do not require
compliance with this Section 8.44.095, but which the Director of Community Development, or
designee, has determined may potentially have adverse impacts on post -development stormwater
quality, shall be designed to include post -construction Treatment Control BMPs to mitigate the
adverse impacts on post -development stormwater quality to the maximum extent practicable and
must implement a site -specific plan to mitigate post -development stormwater. Projects where one
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or more of the following project characteristics exist are deemed to potentially have adverse
impacts on post -development stormwater quality:
a. Vehicle or equipment fueling areas;
b. Vehicle or equipment maintenance areas, including washing and
repair;
C. Commercial or industrial waste handling or storage;
d. Outdoor handling or storage of hazardous materials;
e. Outdoor manufacturing areas;
f. Outdoor food handling or processing;
g. Outdoor animal care, confinement, or slaughter; or
h. Outdoor horticulture activities.
G. Issuance of Discretionary Permits. No discretionary permit may be issued for any
new development or redevelopment project identified in paragraph A of this Section or projects
listed in Paragraph F.6 until the Director of Community Development, or designee, confirms that
the project plans comply with the applicable stormwater mitigation plans, BMP requirements and
enumerated design criteria requirements set forth in this Chapter.
H. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of
Occupancy for new development or redevelopment projects identified in paragraph A of this
Section or projects listed in Paragraph F.6, the Director of Community Development, or designee,
shall require facility operators and/or owners to build all the stormwater pollution control BMPs
and Structural or Treatment Control BMPs that are shown on the approved project plans and to
submit a signed Certification Statement stating that the site and all Structural or Treatment Control
BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable
regulatory requirements.
Project owners shall provide an operation and maintenance plan, monitoring plan if required by the
Director of Community Development, or designee, and verification of ongoing maintenance
provisions for LID practices, Structural or Treatment Control BMPs, and Hydromodification
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Control BMPs including but not limited to: final map conditions, legal agreements, recorded
covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits,
and/or other legally binding maintenance agreements to the satisfaction of the Director, or
designee. These maintenance records must be kept on site for treatment BMPs implemented on
single family residences.
I. Transfer of Properties Subject to Requirement for Maintenance of Structural and
Treatment Control BMPs.
1. The transfer or lease of a property subject to a requirement for maintenance
of Structural and/or Treatment Control BMPs shall include conditions requiring the transferee and
its successors and assigns to either (a) assume responsibility for maintenance of any existing
Structural or Treatment Control BMP, or (b) replace an existing Structural or Treatment Control
BMP with new control measures or BMPs meeting the then -current standards of the City and the
Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or
deed for such property. The condition of transfer shall include a provision that the successor
property owner or lessee conduct maintenance inspections of all Structural or Treatment Control
BMPs at least once a year and retain proof of inspection by the City for a minimum of five (5)
years.
2. For residential properties where the Structural or Treatment Control BMPs
are located within a common area which will be maintained by a homeowners association,
language regarding the responsibility for maintenance shall be included in the project's conditions,
covenants, and restrictions (CC&Rs). Printed educational materials will be required to accompany
the first deed transfer to highlight the existence of the requirement and to provide information on
what stormwater management facilities are present, signs that maintenance is needed, and how the
necessary maintenance can be performed. The transfer of this information shall also be required
with any subsequent sale of the property.
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3. If Structural or Treatment Control BMPs are located within an
proposed for dedication to a public agency, they will be the responsibility of the developer until the
dedication is accepted.
J. California Environmental Quality Act. Provisions of this Section shall be
complimentary to, and shall not replace, any applicable requirements for stormwater mi
required under the California Environmental Quality Act (CEQA).
8.44.100 Inspection Authority
A. Authority to Enforce. The City's Authorized Enforcement Officers and designees
thereof, are authorized and directed to enforce all provisions of this Chapter.
B. Right of Entry. Whenever necessary to make an inspection to enforce any of the
provisions of this Chapter, or whenever an Authorized Enforcement Officer has reasonable cause
to believe that there exists in any building or upon any premises any condition which constitutes a
violation of the provision of this Chapter, an Authorized Enforcement Officer may enter such
building or premises at all reasonable times to inspect the same or perform any duty imposed upon
the officer 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 an inspection warrant. In the
event the owner and/or occupant refuses entry after such request has been made, the Officer may
seek assistance from any court of competent jurisdiction in obtaining such entry.
C. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling
Devices. An Authorized Enforcement Officer may carry out all inspections, surveillance, and
monitoring procedures necessary to determine compliance and noncompliance with the Municipal
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NPDES Permit, including the prohibition of non-stormwater discharges into the MS4 and
receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant,
any Authorized Enforcement Officer may establish on any property such devices as necessary to
conduct sampling and monitoring activities necessary to determine the concentrations of pollutants
in stormwater and/or non-stormwater runoff. The inspections provided for herein may include bu
are not limited to:
1. Inspecting efficiency or adequacy of construction or post
"al UT
2. Inspection, sampling, and testing any area runoff, soils in areas subject to
runoff, and/or treatment system discharges;
3. Inspection of the integrity of all storm drain and sanitary sewer systems,
including the use of smoke and dye tests and video survey of such pipes and conveyance systems;
4. Inspection of all records of the owner, contractor, developer or occupant of
public or private property relating to BMP inspections conducted by the owner, contractor,
developer or occupant and obtaining copies of such records as necessary; and
5. Identifying points of stormwater discharge from the premises
surface or subsurface and locating any illicit connection or discharge.
D. Requirement to Sample or Monitor. Any Authorized Enforcement Officer
order that any person engaged in any activity and/or owning or operating any facility which m
cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge
non-stormwater to the MS4, undertake such monitoring activities and/or analyses and furnish such
reports as the Officer may specify. All costs incurred for such activity shall be borne by the party
ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring
and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required
reports in the form required, an Authorized Enforcement Officer may cause such moni
and/or analyses and the cost, therefore, including the reasonable additional administrative co
incurred by the City, shall be borne by the owner of the property and the cost thereof shall
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invoiced to the owner of the property. If the invoice is not paid within sixty (60) days of the
issuance thereof, the costs shall be a lien upon and against the property and continue in existence
until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3)
months after the completion by an Authorized Enforcement Officer of the required monitoring
and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as
other real property is sold under execution.
E. Facility Inspections. The Director of Public Works, or designee, may periodically
inspect every commercial and industrial facility as defined under the Municipal NPDES Permit at
least twice during the term of the Municipal NPDES Permit and as often as necessary to insure
compliance with this Chapter as the Director of Public Works, or designee, deems appropriate.
8.44.110 Violations of Stormwater and Dry Weather Runoff Pollution Control Regulations
A. Violations.
1. Violations of the provisions of this Chapter are subject to the administrative
penalty provisions of Chapter 1.10. Each day that a violation continues shall constitute a separate
offense.
2. Concealment. Causing, permitting, aiding, abetting, or concealing a
violation of any provision of this Chapter shall constitute a violation of such provision.
B. Public Nuisance.
1. In addition to being subject to the administrative penalty provisions:
(a) Any action or inaction or condition caused or permitted to exist in
violation o£
(i) Any of the provisions of this Chapter; or
(ii) Any requirement of either the Municipal NPDES Permit, the
Construction General Permit, an approved Stormwater Mitigation Plan, an approved SWPPP witt
respect to a property, the Industrial General Permit; or
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(b) Any false certification or verification, or any failure to comply with
a certification or verification provided by a project applicant or the applicant's successor in
interest; or
(c) Any failure to properly operate and maintain any Structural or
Treatment Control BMP on a property in accordance with an approved Stormwater Mitigation Plan
or the Municipal NPDES Permit, is hereby determined to be a threat to the public health, safety
and welfare, is declared and deemed a public nuisance, and may be abated or restored by the
Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwi
compel the cessation of such nuisance may be brought by the City. Nuisance abatement
government by Chapter 8.28 of this Code.
2. The cost of public nuisance abatement and restoration shall be
against the property, as set forth in Chapter 8.28 of this Code.
3. If any violation of this Chapter constitutes a seasonal or recurring nuisance,
either the Community Development Director or Public Works Director, or their designee, shall so
declare and provide notice to the address of the property via certified mail. The failure of any
person to take appropriate annual or seasonal precautions required by the notice shall constitute
public nuisance and a violation of this Chapter.
C. Enforcement Procedure for Public Nuisance.
1. For the first failure to comply with any provision contained in this Chapter
that will be prosecuted as a nuisance, rather than enforced pursuant to the City's administrative
penalty provisions, an Authorized Enforcement Officer shall issue to the violator a written notice
which includes the following information: (i) a description of the violation being committed; (ii) a
specified time within which the violation must be corrected or within which the violator may file a
written response to the Officer disputing the existence of a violation; and (iii) a description of the
penalties which may be imposed for continued noncompliance.
2. If the violator demonstrates that the violation does not exist, or has been
corrected, no further action need be taken. If, however, the violation exists and is not
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within the prescribed time, the Authorized Enforcement Officer may thereafter pursue any of the
enforcement remedies described below in this Section.
3. Notice is only required under this Section in the first instance for failure to
comply with any provision of this Chapter and is not required for subsequent violations of the
same or substantially similar activity.
4. Notice under this provision is not required before the City may pursue an
administrative penalty under Chapter 1.10.
D. Civil Actions. In addition to any other remedies provided in this section, any
violation of this Chapter may be enforced by civil action brought by the City. In any such action,
the City may seek, as appropriate, any or all of the following remedies:
1. A temporary and/or permanent injunction;
2. 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;
3. Costs incurred in removing, correcting, or terminating the adverse effects
resulting from violation; and
4. Compensatory damages for loss, damage or destruction of water quality,
wildlife, fish, or aquatic life.
E. Administrative Enforcement Powers. In addition to the other enforcement powers
and remedies established by this Chapter, the Authorized Enforcement Officers have the authority
to utilize the following administrative remedies:
1. Cease and Desist Orders. When an Authorized Enforcement Officer finds
that a violation of this Chapter has taken place or is likely to take place, the Officer may issue an
order to cease and desist such discharge, or practice, or operation likely to cause such violation and
direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a
time schedule for compliance, or (iii) take appropriate remedial or preventive action to prevent a
j specified violation from recurring.
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2. Notice to Clean. Whenever an Authorized Enforcement Officer finds any
oil, earth, debris, grass, weeds, dead trees, rubbish, refuse, waste, container 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 pollutants entering the MS4 or a non-stormwater discharge tc
the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove
such oil, earth, debris, grass, weeds, dead trees, rubbish, refuse, waste, container or other material,
in any manner that the Officer may reasonably direct. The recipient of such notice shall undertake
the activities as described in the notice.
F. Permit Revocation. To the extent the City makes a provision of this Chapter or any
identified BMP a condition of approval to the issuance of a permit or license, any person in
violation of such condition is subject to the permit revocation procedures set forth in this Code.
G. Remedies. Remedies specified in this Chapter are in addition to and do not
supersede or limit any and all other remedies, civil, or criminal, including remedies under the
Federal Clean Water Act and/or Porter -Cologne Act. The remedies provided for in this Section
shall be cumulative and not exclusive.
H. Citizen Reporting. Members of the public are encouraged to report possible
violations of this Chapter to the City's Public Works Department.
8.44. 120 No Taking
The provisions of this Chapter shall not be construed or operated to deprive any property owner
substantially all of the market value of such owner's property or otherwise constitute
unconstitutional taking without compensation.
SECTION 2. The following Sections modifying the CalGreen Code in Section 15.48.020
of Chapter 15.48 of Title 15 of the Hermosa Beach Municipal Code are repealed: Section
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A4.106.4; Section A5.106.2; Section A5.106.2.1; Section A5.106.2.2; Section A5.106.3;
A5.106.3.1; and Section A.5.106.3.2.
SECTION 3. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text
of said ordinance. The City Clerk caused said summary to be published on May 21, 2015 [five (5)
days before the date of adoption of the ordinance], in the Easy Reader, a weekly adjudicated
newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the
expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 26th day of May, 2015 by the following vote:
AYES: Barragan, Fangary, Petty, Mayor Tucker
NOES; None
ABSENT: DiVirgilio
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the 6ity of Hermosa Beach, California
ATTEST: APPROVED AS FORM:
J
City Clerk City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 15-1351 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 26th day of May, 2015, and a
summary of said Ordinance will be published in the Easy Reader newspaper on June 3,
2015.
The vote was as follows:
AYES: Barragan, Fangary, Petty, Mayor Tucker
NOES: None
ABSENT: DiVirgilio
ABSTAIN: None
DATED: May 26, 2015
City Cler