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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
ENFORCEMENT

Sec. B11 1/2-6. Violation--Misdemeanor.

Any person who intentionally or negligently violates any provision of this division shall be guilty of a misdemeanor and upon conviction shall be punished as provided by Penal Code Section 19 as a separate violation for each day in which the violation occurs or continues. The County's share of any fine collected pursuant to this section shall be deposited into the County Clean Water Program account.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-7. Violation--Civil penalty.

Any person who intentionally or negligently violates any provision of this division or any provision of any permit issued pursuant to this division shall be subject to civil penalties in a sum not less than $1,000.00 or more than $25,000.00 for each day of violation. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the County under state and federal law and local ordinance. Any civil penalties collected pursuant to this section shall be deposited into the Clean Water Program account.

In determining the penalty, the court shall consider all relevant circumstances, including but not limited to the following:

(a) The extent of harm or potential harm caused by the violation;

(b) The nature and persistence of the violation;

(c) The frequency of past violations;

(d) Corrective action, if any, taken by the violator.

In any civil action brought pursuant hereto, in which the County prevails, the court shall determine and impose reasonable expenses, including attorney's fees, incurred by the County in the investigation and prosecution of the action.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-8. Enforcement authority.

Pursuant to Section 836.5 of the California Penal Code, the Director of Planning and Development, the Manager of the Development Services Office, the Director of Environmental Health, or their designees are hereby authorized to enforce the provisions of this division and to issue citations for violations thereof.

Whenever necessary for the purpose of determining compliance or enforcing the provisions of this division, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises any condition which constitutes a violation of this division, the officers may enter the structure or premises at all reasonable times to inspect, or to perform any duty imposed upon any of the officers by law; provided that if the structure or premises is occupied, the officer shall first present proper credentials and request entry, and further provided, that if the structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from the firm or corporation and request entry, except in emergency circumstances. If entry is refused, the officer seeking entry will have recourse to every remedy provided by law to secure entry.

There will be no civil liability on the part of, and no cause of action will arise against, any enforcement officer acting pursuant to this section and within the scope of authority. Furthermore, nothing in this division may be construed to hold the County or any officer, employee or representative of the County responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection or by reason of any failure to take any enforcement or remedial action.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-9. Investigation.

The Director of the Department of Planning and Development, or designee, may make such investigations of storm drainage facility conditions, illicit connections to the storm drainage system, illegal dumping to the storm drainage system, and of potential or actual sources of storm water pollution deemed necessary to carry out the purposes of this division.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-10. Enforcement cost recovery.

(a) A property owner must reimburse the Department of Planning and Development for actual costs incurred by the Department for any activities necessary to enforce this Division.

(b) Upon completion of enforcement activities, the Director of Planning and Development will provide an invoice for these enforcement costs indicating the total hours expended, the basis for the expenditure, and the hourly cost rate of the Department.

(c) Charges for enforcement costs invoiced by the Department of Planning and Development pursuant to this section will be based on hourly rate in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-11. Violations deemed a public nuisance.

Any condition caused or permitted to exist in violation of any of the provisions of this division is a threat to public health, safety and welfare, and is declared to be a public nuisance and may be abated as such.

(Ord. No. NS-517.74, § 1, 10-17-06)

Sec. B11 1/2-12. Remedies not exclusive.

Remedies in this division are in addition to and do not supersede or limit any and all other remedies, civil, criminal or administrative.

(Ord. No. NS-517.74, § 1, 10-17-06)

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