9.11.120 Violations Constitute a Public Nuisance – Abatement – Restoration.
Any condition caused or allowed to exist in violation of any of the provisions of this chapter constitutes a threat to the public health, safety and welfare, and is deemed and declared to be a public nuisance. This public nuisance may be summarily abated, and/or the property restored to its original condition, and/or enjoined or otherwise be compelled to cease and desist, by the authorized enforcement official, or by actions taken by the City.
A. Abatement Procedure – Costs – Lien. The abatement of any public nuisance under this chapter shall follow the procedures as set forth in Larkspur Municipal Code Chapter 9.24. The cost of such abatement and/or restoration of the property to its original condition shall be the responsibility of the owner of the property. Said costs shall be a lien upon and against the property and shall continue in existence until it is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and this code.
B. Inspections and Sampling – Authority and Procedure.
1. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at reasonable times to inspect the same for any or all of the following situations, as determined by the authorized enforcement official:
a. Routine inspections to ensure implementation of BMPs and other requirements of this chapter;
b. Active or potential stormwater or nonstormwater discharges;
c. Illicit discharges or illegal connections to the storm drain;
d. Whenever there is reasonable cause to believe that there exists any condition that constitutes a violation of the provisions of this chapter or the Phase II Stormwater Permit;
e. Actual violations of this chapter or the Phase II Stormwater Permit;
f. Whenever necessary to enforce any of the provisions of this chapter or the Phase II Stormwater Permit; or
g. To perform any duty imposed upon the official by this chapter.
2. The authorized enforcement official must present proper credentials to, and obtain consent from, the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law.
3. The authorized enforcement official has the right to and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the local agency. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the official presents proper credentials to and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the City Attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law.
4. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of nonstormwater or other unlawful material to the storm drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official.
5. Exigent Circumstances. Whenever a condition is found to exist in violation of this chapter that presents an immediate and present danger to the public health, safety and welfare requiring immediate remedial action to prevent injury to persons or property, the authorized enforcement official shall take whatever reasonable and appropriate action is necessary to neutralize the danger, including, but not limited to, entry upon private premises for inspection, sampling and monitoring, and abatement. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 2, 2015)