Chapter 10.70 Enforcement and Penalties

City Code Chapter

10.70.010 Violation of Title.

(Amended by Ordinance 191000, effective October 21, 2022.)

  1. A. The following actions constitute a violation of this Title:
    1. 1. Any failure, refusal or neglect to comply with any requirement of this Title or the Erosion and Sediment Control Manual.
    2. 2. Allowing or causing a condition that threatens to injure public health, the environment, or public or private property.
    3. 3. Failure to correct ineffective erosion, sediment and pollutant control measures after being required to do so by the Director.
  2. B. Each specific incident and each day of non-compliance will be considered a separate violation of this Title.

10.70.020 Administrative Rules for Enforcement, Fees, and Penalties.

(Replaced by Ordinance 191000, effective October 21, 2022.)

  1. A. City bureaus may adopt administrative rules for enforcement, fees, and penalties in accordance with authority and procedures in City Code Title 3, Title 22, and other City titles that grant authority for administrative rulemaking and are not subject to the requirements of Sections 10.70.040 – 10.70.070. 
  2. B. The Bureau of Environmental Services may enforce the provisions of this Title and the Erosion and Sediment Control Manual for ground-disturbing activities that occur in the public right-of-way.

10.70.070 Administrative Review.

(Amended by Ordinance 191000, effective October 21, 2022.)

  1. A. Whenever the Responsible Party has been given a notice or order pursuant to this Title, the Erosion and Sediment Control Manual, or the Erosion and Sediment Control Enforcement Administrative Rule, and has been directed to make any correction or to perform any act and the Responsible Party believes the finding of the notice or order was in error, the Responsible Party may request to have the notice or order reviewed by the Director.  If a review is sought, the Responsible Party must submit a written request to the Director within 15 calendar days of the date of the notice or order.  Such review will be conducted by the Director or designee. The Responsible Party requesting such review will be given the opportunity to present evidence to the Director regarding the notice or order.  Following a review, the Director will issue a written determination.  Nothing in this Section limits the authority of the Director to initiate a code enforcement proceeding under Title 22.
  2. B. A Responsible Party may appeal the Director’s decision regarding a notice or order rendered pursuant to Subsection A. above to the Codes Hearings Officer in accordance with Title 22 of the City Code.