HomeMy WebLinkAboutOrdinance No. 04-O29 0
ORDINANCE NO. 04-02
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, SUPPLANTING
CHAPTER 60 OF THE MUNICIPAL CODEBOOK, TITLED
STORMWATER AND URBAN RUNOFF
POLLUTION PREVENTION
WHEREAS, the 1972 amendments to the Federal Water Pollution Control Act
(commonly known and referred to as the Clean Water Act or "CWA"), 33 U.S.C. §§ 1251-
1387, prohibit the discharge of any Pollutant to waters of the United States from a point
source, unless the discharge is authorized by a permit issued pursuant to the National
Pollutant Discharge Elimination System ("NPDES") required by CWA § 402, 33 U.S.C. §
1342; and
WHEREAS, Municipal separate storm sewer systems ("MS4") which convey urban
runoff, including, but not limited to Storm Water runoff, are within the definition of point
sources under the CWA; and
WHEREAS, pursuant to the CWA, the United States Environmental Protection
Agency ("US EPA") has defined the term "Municipal separate storm sewer. system" to mean
a conveyance, or system of conveyances, including roads with drainage systems, municipal
streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for
collecting Storm Water; and
WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall
require controls to reduce the discharge of Pollutants to the maximum extent. practicable,
including management practices and such other provisions as may be appropriate for the
control of Pollutants; and
WHEREAS, this City is a permittee under the Los Angeles County MS4 2001
Permit ("2001 Permit") and therefore is required by federal and state law to implement all
requirements of the 2001 Permit, including the SUSMP, as amended by the 2001 Permit;
and
WHEREAS, this City has authority under Article 11, Section 7 of the California
Constitution to adopt ordinances needed to implement these requirements; and
WHEREAS, this ordinance is exempt from the provisions of the California
Environment Quality Act pursuant to Guideline 15308 as the action taken by the City is
authorized by State Law and consists of an action to assure the maintenance, restoration,
enhancement, or protection of the environment; and
WHEREAS, this City also has authority under the California Water Code to adopt
and enforce ordinances conditioning, restricting, and limiting activities that might degrade
the quality of the waters of the State of California;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 60, STORMWATER AND URBAN RUNOFF POLLUTION
PREVENTION is hereby replaced in the Azusa Municipal Codebook.
Section 2: The following sections comprise the new Chapter and are included in
this ordinance:
60.01. Definitions. The following words and phrases, wherever used in this chapter shall
be construed as follows:
ACT. "Act' means the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et seq.
ADVERSE IMPACT. "Adverse impact' means a detrimental effect upon water quality or
beneficial uses caused by a discharge or loading of a pollutant or pollutants.
BASIN PLAN. "Basin plan" means a Water Quality Control Plan for a specific
watershed area or areas adopted by a regional board.
BENEFICIAL USES. `Beneficial uses" means existing or potential uses of reviewing
waters as defined in a basin plan.
BEST MANAGEMENT PRACTICE. "Best management practice (BMP)" means storm
water -and runoff pollution control practices designed to reduce the pollutants contained
in discharges to the storm drain system and/or receiving waters.
CITY. "City" shall mean the City of Azusa and shall include the Redevelopment Agency
of the City of Azusa.
CODE OF FEDERAL REGULATIONS (CFR). "Code of Federal Regulations (CFR)"
means the codification of the general and permanent rules published in the Federal
Register by the executive departments and agencies of the federal government of the
United States as amended.
COMMERCIAL ACTIVITY. "Commercial activity" means any public or private activity
not defined as an industrial activity in 40 CFR 122.26(b) (14), involved in the storage,
transportation, distribution, exchange or sale of goods and/or commodities or providing
professional and/or non-professional services. Commercial activity does not mean a
home based occupation as defined in the same code.
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CONSTRUCTION ACTIVITY. "Construction activity" means any clearing, grading, or
excavation of any real property that results in soil disturbance. Construction activity does
not include routine maintenance to maintain original line and grade, hydraulic capacity,
or original purpose of a facility, nor does it include emergency construction activities
required to immediately protect public health and safety. .
COUNCIL. "Council' means the City Council of the City of Azusa and shall include the
Redevelopment Board of the Redevelopment Agency of the City of Azusa.
COUNTY. "County" means the County of Los Angeles.
DEPARTMENT. "Department' means the Public Works Department.
DISCHARGE. "Discharge" means any release, spill, leak, pumping, flow, escape,
leaching (including subsurface migration or deposition to groundwater) dumping, or
disposal of any gas, liquid, semi-solid, or solid substance.
GOOD HOUSEKEEPING PRACTICE. "Good housekeeping practice" means a best
management practice related to the transfer, storage, use, or cleanup of materials
performed in a regular manner that minimizes the discharge of pollutants to the storm
drain system and/or receiving waters.
HAZARDOUS MATERIAL. "Hazardous material' means any material defined as
hazardous by Chapter 6.95 of the California Health and Safety Code or any substance
designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance
which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from
regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance
under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40
CFR 261.20 through 261.24.
HAZARDOUS WASTE. "Hazardous waste" means a hazardous material, which is to be
discharged, discarded, recycled, and/or reprocessed.
ILLICIT CONNECTION. "Illicit connection" means any human -made conveyance or
drainage system, pipeline, conduit, inlet or outlet through which the discharge of any
pollutant that is connected to the storm drain system without a permit, excluding roof
drains, which convey only storm water.
ILLICIT DISCHARGE. "Illicit discharge" means any discharge to the storm drain
system that is prohibited under local, state, or federal statutes, ordinances, codes, or
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regulations. Illicit discharge includes all non -storm water discharges except discharges
pursuant to a NPDES permit or discharges that are exempted or conditionally exempted
by such permit.
INDUSTRIAL ACTIVITY. "Industrial activity" means any public or private activity
which is in any of the 11 categories of activities defined in 40 CFR 122.26(b) (14) and
which is required to obtain a NPDES permit.
INDUSTRIAL/COMMERCIAL FACILITY. "Industrial/commercial facility" means any
public or private facility involved and/or used in either the production, manufacture,
storage, transportation, distribution, exchange, or sale of goods and/or commodities, and
any facility involved and/or used in providing professional and nonprofessional services.
This category of facility includes, but is not limited to, any facility defined by a Standard
Industrial Classification.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT.
"National Pollutant Discharge Elimination System (NPDES) permit" means a permit
issued by the United States Environmental Protection Agency, the State Water Resources
Control Board or a California Regional Water Quality Control Board pursuant to the Act,
that authorizes discharges to waters of the United States.
NON-STORMWATER DISCHARGE. "Non -Storm water discharge" means any
discharge to the storm drain system and/or receiving waters that is not composed entirely
of storm water.
POLLUTANT. "Pollutant' shall have the same meaning as set forth in section 502(6) of
the Act or as incorporated into the California Water Code Section 13373. Pollutants
include, but are not limited to the following:
A. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents,
plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers,
pesticides, soot, slag, ash, and sludge);
B. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium and arsenic)
and non-metals (such as carbon, chlorine, fluorine, phosphorous and sulfur), and
compounds of metal and non-metals;
C. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils,
solvents, coolants, and grease);
D. 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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E. Animal wastes (such as discharges from confinement facilities, kennels, pens,
recreational facilities, stables, and show facilities);
F. Substances having acidic or corrosive characteristics such as a pH of less than six
or greater than nine; and
G. Substances having unusual coloration or turbidity, levels of fecal coliform, fecal
streptococcus, or enterococcus, which may adversely affect the beneficial use of the
receiving waters, flora, or fauna of the state.
RECEIVING WATERS. "Receiving waters" means all surface water bodies within the
City that are identified by a regional board in a basin plan.
REGIONAL BOARD. "Regional board" means the Los Angeles Regional Water Quality
Control Board.
REGULATED DEVELOPMENT PROJECTS. "Regulated Development Projects" means
those specific types of projects identified by the NPDES permit and the regional board as
requiring compliance with the approved Standard Urban Storm Water Mitigation Plan.
REGULATED REDEVELOPMENT PROJECTS. "Regulated Redevelopment Projects"
means those specific types of projects identified by the NPDES permit and the regional
board as requiring compliance with the approved Standard Urban Storm Water Mitigation
Plan. The project is subject to these requirements if the redevelopment adds or creates at
least 5,000 square feet of impervious surface to the original development and, where the
addition constitutes less than 50 percent of the original development, to limit the
application of the BMP design standards to the addition.
RUNOFF. "Runoff' means any storm water or non -storm water discharge from any surface
and/or drainage area that reaches the storm drain system and/or receiving waters.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). "Standard Industrial
Classification (SIC)" means a classification pursuant to the current edition of the Standard
Industrial Classification Manual issued by the Executive Office of the President of the
United States, Office of Management and Budget, and as the same may be periodically
revised.
STANDARD URBAN STORM WATER MITIGATION PLAN. "Standard Urban Storm
Water Mitigation Plan" means the current plan approved by the regional board that requires
specific types of development projects to implement and maintain best management
practices to reduce, to the maximum extent practicable, the discharge of pollutants into the
municipal storm drain system.
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STATE BOARD. "State board" means the State Water Resources Control Board.
STORM DRAIN SYSTEM. "Storm drain system" means any street, gutter, curbs, inlets,
conduit, natural or artificial drain, retention and detention basins, natural human -made or
altered drainage channels, reservoirs, and watercourse, and/or other facility or any
combination thereof, that is owned and/or operated by the City or the Los Angeles County
Flood Control District and used for the purpose of collecting, storing, transporting, and/or
disposing runoff.
STORMWATER. "Storm water" means any water which originates from atmospheric
moisture (rainfall or snowmelt) and falls onto land, water, and/or other surfaces.
STORMWATER POLLUTION PREVENTION PLAN. "Storm water pollution prevention
plan (SWPPP)" means a plan required by and for which the contents are specified in the
State of California General Permit for Storm water Discharges Associated with Industrial
Activities, and the General Permit for Storm water Discharges Associated with
Construction Activities.
STORMWATER RUNOFF. "Storm water runoff' means storm water that travels across
any surface to the storm drain system and/or receiving waters.
STRUCTURAL BMP. "Structural BMP" means any permanent facility constructed to
control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce
or measure pollutants.
UNCONTROLLED DISCHARGE. "Uncontrolled discharge" means any discharge,
intentional or accidental, occurring in such a manner that the discharger is unable to
determine or regulate the quantity, quality or effects of the discharge.
U.S. EPA. "U.S. EPA" means the United States Environmental Protection Agency.
60.02. Purpose and intent.
The purpose of this chapter is to protect the health and safety of the residents of the City
and County by protecting the beneficial uses, marine and river habitats, and ecosystems of
receiving waters within the City from pollutants carried by storm water and non -storm
water discharges. The intent of this chapter is to enhance and protect the water quality of
the receiving waters of the City and the United States, consistent with the Act.
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60.03. Applicability of this chapter.
The provisions of this chapter shall apply to the discharge, deposit or disposal of any storm
water and/or runoff to the storm drain system and/or receiving waters within any
incorporated areas of the City of Azusa, including any subsequent annexed areas, covered
by a NPDES municipal storm water permit.
60.04. Standards, guidelines and criteria.
The City may establish uniform minimum standards, guidelines, and/or criteria for specific
discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the
inspector from requiring a discharger or permittee from taking additional measures to
achieve the objectives of this chapter or any permit.
60.05. Illicit discharges prohibited.
No person shall discharge or cause any discharge to enter the storm drain system unless
such discharge:
A. Consists entirely of storm water;
B. Consists of non -storm water that is authorized by a NPDES permit, waiver or
waste discharge order issued by the U.S. EPA, the state board, or the regional
board provided that the person is in compliance with all requirements of the
permit, waiver or order and other applicable laws and regulations;
C. Is associated with emergency fire fighting activities; or
D. Is otherwise in compliance with the requirements of this chapter.
60.06. Installation or use of illicit connections prohibited.
No person shall install, maintain or use any connection to the storm drain system or shall
cause non -storm water to be discharged or conveyed through a connection to the storm
drain system unless the connection has been permitted by the City.
60.07. Removal of illicit connection from the storm drain system.
If any person fails to remove an illicit connection upon notification by the City, or upon
revocation of a connection permit, the City may remove such connection from the storm
drain system pursuant to this Section of this chapter. The City may pursue the recovery of
costs for such removal pursuant to applicable City Codes.
60.08. Littering and other discharge of polluting or damaging substances prohibited.
A. No person shall cause any refuse, rubbish, food waste, garbage, or any other
discarded or abandoned objects to be littered, thrown, deposited, placed, left,
accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet,
catch basin, conduit, drainage structure, place of business, or upon any public or private
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property except when such materials are placed in containers, bags, recycling bins, or
other lawfully established waste disposal facilities protected from storm water or runoff.
B. No person shall cause the disposal of hazardous materials or wastes into trash
containers used for municipal trash disposal.
C. No person shall cause to be discharged to the storm drain system any pesticide,
fungicide, or herbicide prohibited by the U.S. EPA or the California Department of
Pesticide Regulation.
D. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape
debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural
watercourse, flood control channel, canal, storm drain, or any fabricated or natural
conveyance.
E. No person shall cause the disposal of sanitary or septic waste or sewage into the storm
drain system from any property or residence or any type of recreational vehicle, camper,
bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste
holding tank, container or device.
F. Waste deposited in streets in proper waste receptacles for the purposes of collection
are exempted from this prohibition.
60.09. Storm water and runoff pollution mitigation for construction activity.
No person shall commence any construction activity for which a permit is required by
this code without implementing all storm water and runoff pollution mitigation measures
required by such permit.
60.10. Prohibited dischar¢es from industrial or commercial activity.
The following discharges from industrial or commercial activities are prohibited unless
the discharge is in compliance with the NPDES permit:
A. Discharge of wash waters to the storm drain system from the cleaning of gas stations,
auto repair garages, or other types of auto repair facilities;
B. Discharge of wastewater to the storm drain system from mobile auto washing, steam
cleaning, mobile carpet cleaning, and other such mobile commercial and industrial
operations;
C. Discharge to the storm drain system from areas where repair of machinery and
equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is
undertaken;
D. Discharge to the storm drain system from storage areas for materials containing
grease, oil, or hazardous materials, or uncovered receptacles containing hazardous
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materials, grease, or oil;
E. Discharge of commercial/public swimming pool filter backwash to the storm drain
system;
F. Discharge from the washing of toxic materials from paved or unpaved areas to the
storm drain system;
G. Discharge from the washing out of concrete trucks to the storm drain system; or
H. Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins
or cans in such a manner that causes non -storm water to enter the storm drain system.
60.11. Industrial/commercial facility sources required to obtain a NPDES permit.
Any industrial or commercial facility required to have a NPDES permit shall retain on-
site and, upon request, make immediately available to the City the following documents
as evidence of compliance with permit requirements, as applicable:
A. A copy of the NPDES permit or notice of intent to comply with a general permit to
discharge storm water associated with industrial activity as submitted to the state board or
report of waste discharge as submitted to the regional board;
B. A waste discharge identification number issued by the state board or copy of the
NPDES permit issued by a regional board;
C. A SWPPP and a monitoring program plan or group monitoring plan;
D. Storm water quality data; and
E. Evidence of facility self -inspection.
60.12. Public facility sources required to obtain a NPDES permit.
Any public facility required to have an NPDES permit shall retain on-site and, upon
request, make immediately available to the City the following documents as evidence of
compliance with permit requirements, as applicable:
A. A copy of the NPDES permit or notice of intent to comply with a general permit
to discharge storm water associated with industrial activity as submitted to the
state board or report of waste discharge as submitted to the regional board;
B. A waste discharge identification number issued by the state board or copy of the
NPDES permit issued by the regional board;
C. A SWPPP and a monitoring program plan or group monitoring plan;
D. Storm water quality data; and
E. Evidence of facility self -inspection.
60.13. Regulated Development or Redevelopment Projects.
A. Prior to the construction of a regulated development or redevelopment project,
such project shall be reviewed by the City for its potential to discharge pollutants
to the municipal storm drain system. Such review shall be conducted in
accordance with development planning requirements established by the regional
board or its Executive Officer, pursuant to the municipal NPDES permit.
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B. Once a regulated development or redevelopment project has been reviewed for its
potential to discharge pollutants to the municipal storm drain system, the City
shall require appropriate BMPs to be implemented during construction and
following project completion. The prescription of BMPs shall be in keeping with
the Standard Urban Storm Water Mitigation Plan requirements established by the
regional board or its Executive Director, pursuant to the municipal NPDES
permit.
60.14. Notification of Uncontrolled Discharges Required.
A. Upon the discovery of an uncontrolled discharge to the storm drain system, the
discharger or permittee shall immediately notify the City of the incident by
telephone in addition to any other notifications to public agencies as may be
required by law. The notification shall include location of the discharge, type of
materials discharged, estimated concentration and volume of the discharge, and
corrective actions taken to contain or minimize the effects of the discharge.
B. Within ten (10) calendar days after the first discovery of the uncontrolled
discharge, the discharger or permittee shall submit to the City a detailed written
report describing the cause of the discharge, corrective action taken and measures
to be taken to prevent future occurrences, and measures taken to remediate the
effects of the discharge. Such notification shall not relieve the discharger or
permittee from liability or fines incurred as a result of the uncontrolled discharge.
6.15. Good housekeeping provisions.
An owner or occupant of any property shall comply with the following good
housekeeping requirements:
A. No person shall leave, deposit, discharge, dump, or otherwise expose any
pollutant in an area where actual or potential discharge to the city streets or the
storm drain system may occur. Any spills, discharge, or residues shall be removed
as soon as possible and disposed of properly.
B. Runoff from landscape irrigation, air conditioning condensate, water line flushing,
foundation/footing drains, individual residential car washing, dechlorinated
swimming pool discharges and sidewalk washing shall be conducted in a manner
not in violation of other provisions of this code.
C. Runoff from washing paved areas, including but not limited to parking lots, on
industrial or commercial property is prohibited unless specifically required by
federal, state, or local health or safety codes and not in violation of any other
provision of this code. Runoff from authorized washing of paved areas shall be
minimized to the extent practicable.
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D. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous
materials, and unsealed receptacles containing hazardous materials, shall not be
stored in areas exposed to storm water or otherwise susceptible to runoff.
E. Any machinery or equipment which is to be repaired or maintained in areas
exposed to storm water or otherwise susceptible to runoff shall be provided with
containment areas to control leaks, spills, or discharges.
F. All motor vehicle parking lots with more than 25 parking spaces and located in
areas exposed to storm water or otherwise susceptible to runoff shall have debris
removed by regular sweeping or other equally effective measures. Such debris
shall be collected and properly disposed of.
60.16. Best management practices for construction activity.
All BMPs required as a condition of any permit for construction activity granted pursuant
to this code shall be maintained in full force and effect during the term of the project,
unless otherwise authorized by the City.
60.17. Best management practices for industrial and commercial facilities.
All industrial and commercial facilities shall implement BMPs to the maximum extent
practicable. Minimum BMPs applicable to all industrial and commercial facilities
include, but are not limited to:
A. Termination of all non -storm water discharge to the storm drain system that is not
specifically authorized by a NPDES permit,
B. Exercising general good housekeeping practices,
C. Incorporating regularly scheduled preventive maintenance into operations,
D. Maintaining spill prevention and control procedures,
E. Implementing soil erosion control,
F. Posting on-site private storm drains to indicate that they are not to receive liquid
or solid wastes,
G. Implementing regular cleaning of the on-site private storm drain system, and
H. Insuring that storm water runoff is directed away from operating, processing,
fueling, cleaning and storage areas.
60.18. Installation of structural BMPs.
No person shall install a structural BMP for the purpose of treating, neutralizing,
disposing of, monitoring or diverting to the sanitary sewer system any runoff without the
approval of the City. Such facilities may be subject to plan review, application and
issuance of operating permits pursuant to of this code.
60.19. BMPs to be consistent with environmental goals.
No person shall install or implement a BMP that transfers pollutants to air, groundwater,
surface soils and/or other media in a manner inconsistent with applicable environmental
laws and regulations.
60.20. Enforcement
The City may enter into agreements with other government agencies or consultants for
the purpose of implementing the requirements of this chapter.
60.21. Obstructing access to facilities prohibited.
No object, whether a permanent structure, a temporary structure, or any object which is
difficult to remove, shall be located on any storm drain easement or placed in such a
position as to interfere with the ready and easy access to any facility conveying storm
water or runoff as described in this chapter unless authority is granted by the City. Upon
notification by the City, any such obstruction shall be immediately removed by the
responsible party at no expense to the City, and shall not be replaced.
60.22. Inspection to ascertain compliance - Access required.
A. The City may inspect in a manner authorized by state law, as often as deemed
necessary, any publicly or privately owned storm drain, storm drain connection,
street, gutter, yard, plant, storage facility, building, BMP, NPDES permit,
SWPPP, storm water management plan, construction activity or other facility to
ascertain whether such facilities, plans, or protective measures are in place,
maintained and operated in accordance with the provisions of this chapter.
B. In the course of such inspection, the City may:
1. Inspect, sample, make flow measurements of any runoff, discharge or
threatened discharge;
2. Place on the premises devices for runoff or discharge sampling,
monitoring, flow measuring or metering;
3. Inspect, copy, or examine any records, reports, plans, test results or other
information required to carry out the provisions of this chapter, to the
extent allowed by law; and
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4. Photograph any materials, storage areas, waste, waste containers, BMP,
vehicle, connection, discharge, runoff and/or violation discovered during
an inspection.
60.23. Interference with inspector prohibited.
No person shall, during reasonable hours, refuse, restrict, resist, or attempt to resist the
entrance of the City inspector into any building, factory, plant, yard, construction project
or other place or portions thereof in the performance of his/her duty within the powers
conferred upon him/her by law.
60.24. Notice to correct violations.
The City may issue a Notice to Appear to achieve compliance with the provisions of this
chapter. Failure to comply with the terms and conditions of a Notice to Appear shall
constitute a violation of this chapter.
If a person fails to comply with a written notice issued under this section to remove an
illicit connection, obstruction or other encroachment to the storm drain system, the City
may perform the work as provided in this chapter. The person responsible for installing
or operating such a facility shall be liable to the City for the cost of such work to be
recovered in a civil action in any court of competent jurisdiction.
60.25. Violation a public nuisance.
Any discharge in violation of this chapter, any illicit connection, and/or any violation of
runoff management requirements shall constitute a threat to public health and safety and
is declared and deemed a public nuisance.
60.26. Nuisance abatement
Whenever a nuisance shall be found to exist on any premises, the City may summarily
abate such nuisance upon determination that the nuisance constitutes an immediate threat
to public health or safety, or the inspector may notify in writing the person(s) having
control of or acting as agent for such premises to abate or remove such nuisance within
such time as is stated on the notice. Upon the failure or refusal of such person(s) to
comply with the notice, the inspector may abate such nuisance in the manner provided by
law. The person(s) having control of such premises, in addition to the penalties provided
by this chapter, shall be liable to the City for any costs incurred by the City for such
abatement to be recovered in a civil action in any court of competent jurisdiction.
60.27. Violation - Penalty.
A. Any person, firm, corporation, or district of any officer or agent of any firm,
corporation or district violating any provision of this chapter, who may otherwise be
charged with a misdemeanor under this chapter, may be charged with an infraction
punishable by a fine of not more than $100.00 for the first violation, $200.00 for a second
violation, and a fine not exceeding $500.00 for each additional violation occurring within
one year.
B. Any person, firm, corporation, or district or any officer or agent of any firm,
corporation, or district violating any provision of this chapter shall be guilty of a
misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or
by imprisonment in the county jail for a period not to exceed six months, or by both such
fine and imprisonment. Each day during any portion of which such violation is
committed, continued or permitted shall constitute a separate offense and shall be
punishable as such.
60.28. Penalties not exclusive.
Penalties under this chapter are in addition to, and do not supersede or limit, any and all
other penalties or remedies provided by law.
60.29. Conflicts with other code sections.
The provisions of this chapter shall control over any inconsistent or conflicting provisions
of this code.
60.30. Severability.
If any portion of this chapter or the application thereof to any person or circumstances is
held invalid, the remainder of this chapter, and the application of such prod 'ons to other
persons or circumstances, shall not be affected thereby.
PASSED AND ADOPTED this day of February 2, 2004.
Mayor
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES) ss
CITY OF AZUSA )
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I, Vera Mendoza, City Clerk of the City of Azusa, County of Los Angeles, State of
California, hereby attest to the above signature and certify that the Ordinance was
adopted by the City Council of said City of Azusa at a regular meeting of said Council
held on the Second day of February, 2004, by the following vote:
AYES: Councilmember: HARDISON, STANFORD, ROCHA, CHAGNON,
MADRID
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
APPROVED AS TO FORM:
jai -'e F` • (?�
City Attorney, City of Azusa
Vera Mendoza, City Clerk
City of Azusa, California