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HEALTH AND SAWA7ION CODE If after the hearing, if any, it is found that the overruling the decision of the administrative hearing person affected by the administrative decision has officer. The decision of the City Manager shall be violated reporting or discharge requirements, the final and binding. hearing officer may assess a civil penalty against the Unless appealed, orders setting administrative person. In determining the amount of the civil penalties shall become effective and final upon penalty, the hearing officer may take into issuance thereof and payment shall be made within consideration all relevant circumstances, including, thirty (30) days. Copies of these orders shall be but not limited to,the extent of harm caused by the served by personal service or by registered mail violation,the economic benefit derived through any upon the party served with the administrative noncompliance, the nature and persistence of the complaint and upon other persons who appeared at violation,the length of time over which the violation the hearing and requested a copy. Any party occurs, and corrective action, if any, attempted or aggrieved by a final order issued by the City Manager taken by the discharger. Penalties imposed by the pursuant to this Section may obtain review of the local agency pursuant to this Section shall be order in the Superior Court by filing in the court a assessed in accordance with Govemment Code petition for writ of mandate within thirty (30) days Section 54740.5. following the service of a copy of the decision and The amount of any civil penalties imposed order issued by the City Manager. If no aggrieved pursuant to this Section which have remained party petitions for writ of mandate within the time delinquent for a period of sixty (60) days may specified above, an order of the City Manager or constitute a Gen against the real property from which hearing officer shall not be subject to review by any the discharge originated and which resulted in the court or agency pursuant to Section 54740.6 of the imposition of the civil penalty. The lien provided California Government Code. herein shall have no force and effect until recorded (Added by Ordinance 013-93C.S.—Effective June with the County Recorder and when recorded shall 10, 1993) have the force and effect in priority of a judgment lien and continue for ten (10) years from the time of SEC.7-091.10. RECOVERY OF PENALTIES: recording unless sooner released and shall be The City may, at its option, elect to petition the renewable in accordance with the provisions of Superior Court to confirm any order establishing civil Sections 683.110 to 683220, inclusive, of the penalties and enter judgment in conformity therewith California Code of Civil Procedure. All monies in accordance with the provisions of Sections 1285 to collected under this Section shall be deposited in a 1287.6, inclusive, of the California Code of Civil special account of the City and shall be made Procedure. No penalty shall be recoverable under available for the monitoring,treatment, and control of this Section for any violation for which cM[ liability is discharges into the City's sanitation or sewer system recovered under Section 7-091.12 of this Part- or artor for other mitigation measures. (Added by Ordinance 013-93C.S.—Effective June (Added by Ordinance 013-93C.S.—Effective June 10, 1993)- 10. 1993) SEC.7-091.11. CRIMINAL PENALTIES: SEC.7-091.9. APPEAL OF ADMINISTRATIVE It shall be unlawful for any person or entity to DECISION: intentionally or negligently fail to comply with or The City Council hereby delegates the Council's violate any provisions of this Part or any permit review powers specified in Government Code standards or requirements issued pursuant to this Section 54740.5 to the City Manager. Any person Part or by the State, Federal, or other local dissatisfied with the decision of the hearing officer governmental agency having jurisdictional authority may, within thirty (30) days of the notice of the with regard to wastewater treatment or discharge. hearing officer's decision, file a written appeal of (Added by Ordinance 013-93C.S.—Effective June such decision with the City Manager. The written 10, 1993) appeal shall state with spedficity the grounds upon which the appeal is being taken. The review by the SEC.7-091.12. ENFORCEMENT RESPONSE City Manager or City Manager's designee shall PLAN: consist solely of a review of the record of the In accordance with 40 CFR 403.8,the Director or administrative hearing. Within thirty (30) days of the Director's designated representative shall receiving the written appeal,the City Manager shall respond to violations of this Part using the . issue a written decision affirming, modifying, or 7-42