CITY COUNCIL REGULAR MEETING AGENDA PACKET

§ 9.14.190 Civil actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the cityCity of Pleasanton. In any such action, the city City of Pleasanton 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 bring legal action under this subsection;. C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;. D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city City of Pleasanton to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter; and E. Any applicable attorney’s fees.. (Ord. 1572 § 2, 1992) § 9.14.2500 Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies set forth in the City of Pleasanton Municipal Code, in addition to any or all of the following that apply: A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those pPersons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer systemMS4 or a non-stormwater discharge to the city storm sewer systemMS4, he or shethe official may give notice to the Responsible Person, to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. C. Verbal Warning or Written Warning. When an authorized enforcement official finds that a Discharger has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other stormwater standards or requirement, the authorized enforcement official may serve upon that Discharger a verbal or written warning notice or notice of violation. The notice includes required corrective actions to occur within a reasonably short and expedient time frame commensurate with the threat to water quality. D. Stop Work Order. Whenever an authorized enforcement official finds that a Discharger has performed work contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any Persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. Page 304 of 428