Item 1.5 - Adoption of Ord. 827 Amendments Related to Code Compliance.j OF POW'9 y
SAY
City of Poway
° ^
CO COUNCIL AGENDA REPORT
DATE: April 2, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Faviola Medina, City Clerk
CONTACT: Faviola Medina, City Clerk '" v
(858) 668-4535 or finedina(a)poway.org
APPROVED
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
Ordinance No. Z�
SUBJECT: Second Reading and Adoption of Ordinance No. 827 entitled "An Ordinance of the
City of Poway, California, Amending Chapters 1.02, 1.08, 1.10, 2.20, 8.72, 8.76,
8.80, 13.09, 15.02, and 17.54 Adding Chapters 15.03 and 15.32, and Deleting
Chapters 16.56, 16.68 and 8.84 of the Poway Municipal Code Relating to Code
Compliance."
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a Regular City
Council Meeting on March 19, 2019. All Councilmembers were present. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only
Vote at first reading: AYES:
MULLIN, LEONARD, FRANK, GROSCH, VAUS
ABSTAINED:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 827.
Fiscal Impact:
The Ordinance itself would not have a direct fiscal impact. However, the Ordinance does provide
the City with the ability to levy increased administrative citations and enhance its ability to recover
costs associated with public nuisance abatement.
Environmental Review:
The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because
it will not result in direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.
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Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, March 28, 2019. A
second summary notice will be published in the same publication on Thursday, April 11, 2019. A
certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance
with Government Code section 36933.
Attachment:
A. Ordinance No. 827
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved ,B
Tina M. White
City Manager
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ORDINANCE NO. 827
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 1.02, 1.08, 1.10, 2.20, 8.72, 8.76, 8.80,
13.09, 15.02, AND 17.54 ADDING CHAPTERS 15.03 AND 15.32,
AND DELETING CHAPTERS 16.56, 16.68 AND 8.84 OF THE
POWAY MUNICIPAL CODE RELATING TO CODE COMPLIANCE
WHEREAS, the City Council desires to protect its citizens' health, safety and welfare, and
enhance the quality of life for all of the City's residents;
WHEREAS, the City Council finds that effectively ensuring compliance with the Poway
Municipal Code protects the health, safety and welfare of its residents, businesses, and visitors,
particularly including the efficient abatement of public nuisances and limiting the accumulation of
junk on private property;
WHEREAS, the City Council wishes to ensure that the Poway Municipal Code continues
to comply with all applicable state and federal law, and update the Code so that it accurately
reflects realities on the ground;
WHEREAS, the City Council finds that enhancing its ability to impose citations, recover
costs incurred relating to Code Compliance, and streamlining its administrative and appeals
processes will protect the public fisc;
WHEREAS, the City Council desires to afford all property owners with sufficient
procedural and substantive due process;
WHEREAS, the City Council declares that the regulations enacted by this Ordinance are
in furtherance of the City's police powers;
WHEREAS, the City Council finds that the amendments to the Poway Municipal Code
proposed by this Ordinance, set forth in Exhibit "1," will serve all of the above -stated purposes,
thereby resulting in increased compliance with the Poway Municipal Code throughout the City;
WHEREAS, for ease of both the City Council and the public, a "redline" document
comparing the relevant existing provisions of the Poway Municipal Code with the amendments
proposed by the Ordinance is attached hereto as Exhibit "2;"
WHEREAS, at the regular meeting of the City Council of the City of Poway held on the
19th day of March 2019 the City Council held a public hearing and introduced this Ordinance for
a first reading; and
WHEREAS, at the regular meeting of the City Council of the City of Poway held on the
2nd day of April 2019, the City Council of the City of Poway conducted a second reading and
adopted the Ordinance.
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NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Chapters 1.02, 1.08, 1.10, 2.20, 8.72, 8.76, 8.80, 13.09, 15.02 and 17.54
of the Poway Municipal Code are hereby replaced in their entirety, to read as set forth in Exhibit
"1" hereto.
SECTION 3: The Poway Municipal Code is hereby amended to add Chapters 15.03 and
15.32 to read as set forth in Exhibit "1" hereto.
SECTION 4: The Poway Municipal Code is hereby amended to delete Chapters 16.56,
16.68 and 8.84 in their entirety.
SECTION 5: If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the
validity of this entire Ordinance or any of the remaining portions hereof. The City Council
hereby declares that it would have passed this Ordinance, and each section, subsection,
subdivision, sentence, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional
or otherwise invalid.
SECTION 6: The City Council finds the introduction and adoption of this ordinance is
not a "project' subject to the California Environmental Quality Act ("CEQA").
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance
and cause it, or a summary of it, to be published with the names of the City Council members voting
for and against the same in the Poway News Chieftain, a newspaper of general circulation in the
City of Poway, within fifteen (15) days after its adoption and shall post a certified copy of this
Ordinance in the Office of the City Clerk in accordance with Government code § 36933.
Introduced and first read at a regular meeting of the City Council of the City of Poway,
California, held on the 19th day of March 2019, and thereafter, PASSED, APPROVED, AND
ADOPTED at a regular meeting of said City Council of the City of Poway held on the 2nd day of
April 2019.
Steve Vaus, Mayor
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ATTEST:
Faviola Medina, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify that the
above and foregoing Ordinance No. 827 was adopted at a regular meeting of the City Council of
the City of Poway, held on the 19th of March 2019, by the following vote
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Faviola Medina, City Clerk
City of Poway
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Chapter 1.02
CODE ADOPTION
1.02.010 Title — Citation — Reference.
This code shall be known as the "Poway Municipal Code' and it shall be sufficient to refer to said code as
the "Poway Municipal Code' or "PMC" in any prosecution for the violation of any provision thereof or in any
proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting
or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the
"Poway Municipal Code" or 'PMC." Further reference may be had to the titles, chapters, sections and
subsections of the "Poway Municipal Code' or "PMC and such references shall apply to that numbered
title, chapter, section or subsection as it appears in the code.
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Chapter 1.08
GENERAL PENALTY
Sections:
1.08.010 Violation —Penalty.
1.08.020 Appeal of Administrative Citation
1.08.010 Violation — Penalty.
A. It is unlawful for any person, or any responsible person, to violate any provision or to fail to comply
with any of the requirements of this code, the zoning development code, or of any ordinance adopted by
the City.
B. Notwithstanding any provisions to the contrary, a violation of any of the provisions or requirements
of this code, the zoning development code, or any ordinance adopted by the City shall constitute a
misdemeanor; provided, however, that any such violation constituting a misdemeanor may, in the discretion
of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. Alternatively,
the City may enforce the provisions of this code by any remedy available under applicable law.
C. Causing, permitting, aiding, or abetting noncompliance with any part of the Poway Municipal Code
shall also constitute a violation of this chapter. Any falsification or misrepresentation made to the City
concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any
submission of a report that omits required material facts without disclosing such omission, and any
withholding of information required to be submitted by or pursuant to this chapter in order to delay City
enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this
chapter.
D. Prior to issuing a citation for a violation of this code that does not create an immediate danger to
health or safety, the enforcement officer may serve a pre -citation or courtesy notice to the responsible
person for the violation containing, when available, the following information:
(1) The date the violation was observed;
(2) The address or a definite description of the location where the violation was observed;
(3) The section of this code violated and a brief description of the violation;
(4) The compliance date by which the violation shall be corrected or otherwise remedied,
which shall be no less than fifteen days and no more than sixty days from the date the pre -
citation notice is given, as determined to be reasonable by the code enforcement official;
(5) A statement that if the violation is not corrected by the specified compliance date, that an
administrative citation may be issued which imposes a fine, in the amount of which will be
specified; and
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(6) The name, signature and department of the enforcement officer issuing the pre -citation
notice.
E. After the compliance date has lapsed of a pre -citation or courtesy notice, the enforcement officer
may serve a written notice on the violator personally or mail to the address at which, in the opinion of the
enforcement officer such notice is most likely to be received by the violator. Such notice shall provide the
nature of the violation and that the violator is required to abate or correct the condition constituting the
violation within a reasonable timeframe as determined by the enforcement officer, unless in the opinion of
the Director of Development Services, a shorter period of time is required, but in no case less than 10 days.
After the reasonable timeframe provided in the notice of violation has elapsed, the enforcement officer may
seek any additional remedies allowed by the PMC to correct the violation within a reasonable timeframe.
F. In addition to notice issued to the responsible person, when time permits and when practical, the
owner of the property on which the violation occurred shall be sent notice(s) at the same time as the notices
to the responsible person to the address of the said property owner as it appears on the last equalized
assessment roll or, alternatively, as it appears from such other records of the Assessor or City Treasurer
that contain more recent addresses.
G. Any responsible person or other person convicted of a misdemeanor under the provisions of this
code, the zoning development code, or of any ordinance adopted by the City, unless provision is otherwise
made, shall be punishable by a fine of not more than $1,000, by imprisonment in the County jail for a period
of not more than six months or by both fine and imprisonment. Any responsible person convicted of an
infraction under the provisions of this code, the zoning development code, or any ordinance adopted by the
City, unless provision is otherwise made, shall be punishable by fine in accordance with Government Code
section 36900, as may be amended
Each responsible person who violates any provision or fails to comply with any of the requirements of this
code, the zoning development code, or any ordinance adopted by the City, shall be charged by a separate
offense for each and every day during any portion of which any violation is committed, continued or
permitted by any such responsible person and shall be punished accordingly.
H. In addition to the penalties provided in this section, any condition caused or permitted to exist in
violation of any of the provisions of this code, the zoning development code, or any ordinance adopted by
the City, shall be deemed a public nuisance and may be, by the City, abated as such, and each day that
such condition continues shall be regarded as a new and separate offense.
I. Pursuant to Government Code Section 36900, the City Council, in the alternative to subsections A,
B, and C of this section, may redress a violation of any State or local ordinance by civil action. Civil action
by the City Council may include the following, in addition to any other civil remedy allowed under the laws
of the State and the United States: forfeiture of any or all permits, licenses, approvals and privileges or
benefits of any nature granted by the City.
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J. The prevailing party in any action or proceeding involving a public nuisance shall be entitled to
recover all of its reasonable costs and expenses incurred with respect to said action, including without
limitation its costs of investigation and discovery, attorneys' fees, and expert witness fees.
K. "Person," as referred to in this section, includes individuals, corporations, partnerships, and
organizations of any kind.
L. "Responsible person" means any person, including but not limited to any person who is the owner
or occupant of or who controls, possesses, occupies, or has an interest in real property, the holder or the
agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement
covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this
chapter; or the parent or legal guardian of any such person under the age of 18 years; who violates any
ordinance, regulation, permit, entitlement, review, or agreement described in PMC Section 1.10.030.
M. Citation for Infraction. As an alternative to a misdemeanor prosecution, the Director of Development
Services or his/her designee, the Director of Public Works or his/her designee, the Director of Community
Services or his/her designee, or the Director of Safety Services or his/her designee may issue a criminal
infraction citation to the responsible person(s) or any other person deemed responsible for violating any
provisions of the Poway Municipal Code. For purposes of this subsection, any such violation shall be
classified as an "infraction," pursuant to California Government Code Section 36900, which section and the
penalties prescribed are adopted and incorporated in this section. For the purposes of enforcing the
provisions of this code and other regulations, the Director of Development Services or his/her designee,
the Director of Public Works or his/her designee, or the Director of Safety Services or his/her designee, and
the Director of Community Services or his/her designee are deemed to be public officers, as described in
California Penal Code Section 836.5.
N. Administrative Citation. Upon a finding by the City official vested with the authority to enforce the
various provisions of this code that a violation exists, he or she may issue an administrative citation under
the provisions of PMC Chapter 1.10.
O. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators or
issue a criminal citation and notice to appear as prescribed in the California Penal Code, including
Section 853.6. There is no requirement that administrative enforcement remedies be exhausted or
otherwise used prior to such actions being taken. The immunities prescribed in Section 836.5 of the Penal
Code are applicable to authorized enforcement officials acting in the course and scope of their employment
pursuant to this chapter.
P. Injunctive Relief. The City may enforce compliance with this section by judicial action for injunctive
relief.
Q. Cease and Desist Orders. Written orders, verbal orders or both may be issued to stop unauthorized
actions. If it is determined by an authorized enforcement official that the public interest requires the posting
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of a bond or other security to assure the violation is corrected, such bond or security may be required by
the authorized enforcement official.
R. Notice and Order to Perform. Written orders, verbal orders or both may be issued to perform
activities to comply with the Poway Municipal Code or a resolution of approval by the City Council, or as
directed by an authorized enforcement official where conditions warrant.
S. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or
other laws implemented through enforcement of this chapter, an authorized enforcement official may order
the work stopped by notice in writing served on any person engaged in the doing or causing such work to
be done, and any such person shall immediately stop such work until authorized by the authorized
enforcement official to proceed with the work. Failure to comply with the specified order shall require double
payment of permitting fees, an additional inspection fee, the filing of a complaint with the State Contractor
License Board against the responsible person and/or relevant licensee, and a criminal citation.
T. Permit Suspension or Revocation. Violations of this chapter may be grounds for the suspension or
revocation of a permit and other City license pursuant to PMC section 1.08.010(1).
U. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be
cumulative and in addition to other administrative, civil or criminal remedies.
V. Recorded Notice of Violation. The enforcement officer may, at its sole discretion, in addition to or
in place of civil and criminal penalties, cause to be recorded with the County Recorder a notice of violation
in a form acceptable to the City Attorney. This notice of violation may provide for denial of any application
for approval by the City until the original violation has been corrected in accordance with City regulations in
effect at the time of correction. Any correction shall be done under the authority of a valid permit issued, as
applicable. A notice of violation shall be expunged only after completion of all work necessary to correct the
original and all subsequent violations of the Poway Municipal Code.
1.08.020 Appeal of administrative citation.
In accordance with Chapter 2.20 of the Poway Municipal Code, any recipient of an administrative citation
may appeal an administrative citation to contest that there was a violation of any ordinance, regulation,
permit, entitlement, or agreement covered by this chapter, or that he or she is the responsible person.
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Chapter 1.10
ADMINISTRATIVE CITATIONS AND PENALTIES
Sections:
1.10.010 Legislative findings and statement of purpose.
1.10.020 Definitions.
1.10.030 Issuance of administrative remedies.
1.10.040 Service procedures.
1.10.050 Contents of citation.
1.10.060 Satisfaction of administrative citation.
1.10.070 Appeal of administrative citation.
1.10.080 Failure to pay fines.
1.10.090 Reduction of cumulative fines.
1.10.100 Late payment charges.
1.10.110 Procedural compliance.
1.10.010 Legislative findings and statement of purpose.
A. The City Council hereby finds that there is a benefit to having an alternative method of enforcement
of the Poway Municipal Code, conditions imposed on permits, entitlements, and CEQA reviews, and the
terms of City agreements made pursuant to the City's constitutional police power. The City Council further
finds an alternative method of enforcement is the imposition of administrative penalties as independently
authorized by both California Constitution Article XI, Section 7, and Government Code Section 53069.4.
B. The procedures established in this chapter shall be in addition to criminal, civil or any other legal
remedy established by law for violation of the Poway Municipal Code or permit and entitlement conditions.
Issuance of a citation pursuant to this chapter shall not preclude enforcement by a separate criminal, civil
action, or any other proceeding authorized by law.
C. The City Council hereby finds and determines that enforcement of the Poway Municipal Code, other
ordinances adopted by the City, conditions of approval of entitlements, permits, and CEQA reviews, and
terms and conditions of City agreements made pursuant to the police power is a matter of public health,
safety and welfare and serves important public purposes. The City of Poway adopts this administrative
penalties program in order to achieve the following goals:
1. To protect the public health, safety and welfare of the citizens of the City;
2. To gain compliance with the Poway Municipal Code, ordinances, agreements, and regulations of
the City enacted pursuant to its police powers, and the conditions of approval of permits, entitlements,
and CEQA reviews granted by the City pursuant to the City's police powers in a timely and efficient
manner;
3. To provide for an administrative process to appeal the imposition of administrative citations and
fines;
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4. To provide a method to hold parties responsible when they fail or refuse to comply with the
provisions of the Poway Municipal Code, ordinances, agreements, or terms and conditions of
entitlements or permits enacted or approved pursuant to the police power; and
5. To avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.
(Ord. 557 § 2, 2002)
1.10.020 Definitions.
A. "Enforcement officer" means any officer, employee, or agent of the City with the authority to enforce
the Poway Municipal Code, including but not limited to a code compliance officer, inspector, and the Fire
Marshal.
B. "Person," as referred to in this section, includes individuals, corporations, partnerships, and
organizations of any kind.
C. 'Responsible person" means any person, including but not limited to any person who is the owner
or occupant of or who controls, possesses, occupies, or has an interest in real property, the holder or the
agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement
covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this
chapter; or the parent or legal guardian of any such person under the age of 18 years; who violates any
ordinance, regulation, permit, entitlement, review, or agreement described in PMC section 1.10.030.
1.10.030 Issuance of administrative remedies.
A. Any responsible person who violates any provision of the Poway Municipal Code or regulation of
the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or
any term or condition of any agreement with the City made pursuant to the police power may be issued an
administrative citation by an enforcement officer as provided in this chapter. A violation of the Poway
Municipal Code includes, but is not limited to, all violations of that code, the Uniform Codes adopted by the
City Council, and all uncodified ordinances. A violation of a condition of approval of a permit or entitlement,
includes, but is not limited to, a conditional use permit, minor conditional use permit, temporary use permit,
development review, sign permit, variance, specific plan, parcel map, subdivision map, building or grading
permit, any plan, permit or any best management practice authorized, issued or required by PMC
Chapter 13.09 , any encroachment or right-of-way permit, any license or permit issued pursuant to PMC
Title 5, any drug paraphernalia license issued pursuant to PMC Chapter 9.08 , and any adult oriented
business regulatory permit required by PMC Chapter 17.38. A violation of a condition of approval of an
environmental review includes, but is not limited to, any environmental impact report, mitigated negative
declaration, negative declaration, or determination of categorical exemption. A violation of a term or
condition of any agreement with the City made pursuant to the police power includes, but is not limited to,
any development agreement, owner participation agreement, disposition and development agreement,
road maintenance agreement, any easement, license, or other real property use agreement, or any
agreement made with the City to implement any ordinance, plan, permit, entitlement, or review approved
by the City. Causing, permitting, aiding, or abetting noncompliance with any part of the Poway Municipal
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Code constitutes a violation of this chapter. Any falsification or misrepresentation made to the City
concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any
submission of a report that omits required material facts without disclosing such omission, and any
withholding of information required to be submitted by or pursuant to this chapter in order to delay City
enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this
chapter.
B. Each and every day a violation exists constitutes a separate and distinct offense.
C. Administrative Citations. A separate citation may be issued for each day a violation occurs. A civil
fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall
be payable directly to the City of Poway. Fines shall be assessed in amounts not to exceed $1,000.00 for
each violation, or as follows:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance, term, or condition
within one year from the date of the first violation;
3. A fine not exceeding $500.00 for a third violation of the same ordinance, term, or condition within
one year from the date of the first violation;
4. A fine not exceeding $1,000 for each additional violation after the third violation of the same
ordinance, term or condition within one year from the date of the first violation.
1.10.040 Service procedures.
An administrative citation on a form approved by the City Manager may be served upon any responsible
person by an enforcement officer in the following manner:
A. Personal Service. In any case where an administrative citation is issued:
1. The enforcement officer may attempt to locate and, if reasonable, personally serve the responsible
person and obtain the signature of the responsible person on the administrative citation.
2. If the responsible person served refuses or fails to sign the administrative citation, the failure or
refusal to assign shall not affect the validity of the administrative citation or of subsequent
proceedings.
B. Service of Citation by Mail. If the enforcement officer is unable to locate a responsible person, the
administrative citation shall be delivered to the responsible person by first class mail.
C. Service of Citation by Posting Notice. If the enforcement officer does not succeed in personally
serving a responsible person, or by first class mail, the enforcement officer shall post the administrative
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citation on any real property within the City in which the City has knowledge that the responsible person
has a legal interest, and such posting shall be deemed effective service.
1.10.050 Contents of citation.
Each administrative citation shall contain the following information, if readily available:
A. The date of issuance of the citation and the date, approximate time, and address or definite
description of the location where the violation(s) was observed, where applicable;
B. The code sections or conditions violated and a brief description of the violation(s),
C. An order to the responsible person to correct the violations by a specified correction date, if
applicable, and an explanation of the consequences of failure to correct the violation(s);
D. The amount of the fine for each violation;
E. An explanation of how the fine shall be paid and the date by which it shall be paid (15 days after
the correction date);
F. Identification of the right of appeal, including the time within which the citation may be contested
and the place to obtain a request for hearing form to contest the administrative citation;
G. The name and signature of the enforcement officer and if possible the signature for the responsible
person; and
H. A statement that if the fine is not timely paid, a late payment charge of 50 percent of the amount of
the fine will be added to the fine.
1.10.060 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person must do both of the following:
A. Pay the fine to the City within 15 days from the correction date of the administrative citation. All
fines assessed shall be payable to the City of Poway. Payment of a fine shall not excuse or discharge the
failure to correct the violation(s) nor shall it bar further enforcement action by the City.
B. Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied.
If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued
for the same violation(s) or a criminal or civil action may be filed.
1.10.070 Appeal of administrative citation.
A. Any recipient of an administrative citation may contest that there was a violation of any ordinance,
regulation, permit, entitlement, or agreement covered by this chapter, or that he or she is the responsible
person in accordance with PMC Chapter 2.20.
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1.10.080 Failure to pay fines.
The failure of any responsible person to pay the civil fines imposed by an administrative citation within the
time specified on the citation may result in the fling of a claim with either the Small Claims Court or the
Superior Court for recovery of the fine or send the debt to a collection agency. The only issue to be
adjudicated by the court shall be whether or not the fines were paid. A responsible person cited may only
obtain judicial review of the validity of the citation by writ of mandate after exhausting their administrative
remedies by requesting and participating in an administrative hearing before a Hearing Officer in
compliance with the procedural requirements for such process in accordance with PMC Chapter 2.20. In
the court action, the prevailing party may also recover its collection costs, including the cost of the Hearing
Officer, and any court fees, according to proof.
1.10.090 Reduction of cumulative fines.
If the violation is corrected within a reasonable time after the decision of the Hearing Officer, the City
Manager shall have the discretion to reduce any cumulative fines upon good cause shown by the
responsible person. The determination of the City Manager shall be final and shall not be subject to appeal
or judicial review. Fines shall not otherwise be reduced.
1.10.100 Late payment charges.
Any responsible person who fails to pay a fine imposed by this chapter on or before the date that payment
is due, shall also be liable for the payment of a late payment charge of 50 percent of the fine.
1.10.110 Procedural compliance.
Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified
in this chapter, or to receive any copy required to be provided by this chapter shall not affect the validity of
proceedings conducted hereunder unless the responsible person is denied constitutional due process
thereby.
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Chapter 2.20
ADMINISTRATIVE APPEALS
Sections:
2.20.010 Scope.
2.20.020 Filing of appeal.
2.20.030 City response.
2.20.040 Conduct of hearing.
2.20.050 Deposits.
2.20.060 Hearing Officer.
2.20.070 Hearing procedure.
2.20.080 Hearing officer's decision.
2.20.090 Right to judicial review.
2.20.010 Scope.
Except for personnel matters, legal determinations, and as expressly otherwise provided to the contrary in
this code, any interested person may appeal the final decision of any officer, board, committee, commission
or department subordinate to the Hearing Officer in accordance with the provisions of this chapter.
2.20.020 Filing of appeal.
A. To be sufficient for filing, the written appeal must be delivered to the City Clerk, together with the
fee established by resolution and any other amount due pursuant to Section 2.20.050, within 10 calendar
days following the decision for which a review is sought. If the day falls on Saturday, Sunday or other day
when City Hall is closed, the deadline shall be extended to 5:00 p.m. of the next working day.
The appeal must be legible and set forth:
1. The appellant's full name, address and phone number;
2. The subordinate entity;
3. The date of the determination;
4. The determination for which review is sought;
5. The appellant's interest in the appealed determination;
6. Each reason why the appellant appeals the determination including, if applicable, the Poway
Municipal Code Sections that are to be appealed; and
7. Be accompanied by the appeal fee established by resolution.
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B. An insufficient appeal shall be returned to the appellant.
C. If the appeal is sufficient, the City Clerk shall set the matter for consideration by the Hearing Officer
to be held in accordance with PMC Section 2.20.070.
D. The City Clerk shall mail the appeal document to the applicant, if appropriate, or other real party in
interest, with notice of the time, date and location of the hearing and notice of the opportunity to submit a
written response to the appeal request at least 14 calendar days prior to the initial consideration by the
Hearing Officer. The City reserves the right to reschedule the hearing date as needed. In such cases,
notice of the change will immediately be communicated to the appellant.
E. The City Clerk shall deliver a copy of the appeal document to the appropriate City department which
will prepare a City response to the request for the appeal.
2.20.030 City response.
The City's response to the appeal document and any written position submitted by the applicant or real
party in interest shall be made available to the public, at City Hall, no less than seven calendar days prior
to the date set for consideration by the Hearing Officer if received by the City Clerk by that date.
2.20.040 Conduct of hearing.
The Hearing Officer shall hear all facts and testimony deemed appropriate and consider the appeal, the
written position of the applicant or real party in interest, the City response, and any other written or oral
comments from members of the public. No noticed public hearing shall be required unless specifically
required by this code. The appeal hearing shall be conducted in accordance with the applicable provisions
of this Chapter and constitutional due process. The Hearing Officer may grant in whole or in part, or may
deny the appeal. The determination of the Hearing Officer shall constitute a final decision. The Hearing
Officer's decision shall be issued in writing within 60 days of the hearing.
2.20.050 Deposits.
A. The request for hearing shall be accompanied by a deposit in the full amount of any required or
past due fee or fine. Any deposit shall be refunded within 10 days of a determination, after a hearing, that
the responsible person charged was not responsible for the amount due as charged in the final decision.
B. Upon the submittal of a hardship waiver affidavit by a responsible person within the appeal period
requesting a waiver of any fee or fine, the City Manager shall issue a letter granting or denying the request.
If waiver is denied, the appeal shall be dismissed unless the full amount of the fine is deposited and unless
any outstanding fees and fines is paid within five days of the date of the letter. The determination of the City
Manager shall be final and shall not be subject to appeal or judicial review.
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2.20.060 Hearing Officer.
The Poway City Manager shall designate the Hearing Officer for the appeal hearing. The compensation of
the Hearing Officer, if any, shall be paid by the City in accordance with the adopted Master Fee Schedule.
Compensation shall not be directly or indirectly conditioned upon whether or not appeals are upheld by the
Hearing Officer.
Any person, firm or corporation designated to serve as a Hearing Officer is subject to disqualification for
bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of
Civil Procedure § 170.1. The appellant may challenge the Hearing Officer's impartiality prior to the hearing
by filing a statement with the City Manager objecting to the hearing before the Hearing Officer and setting
forth the grounds for disqualification. The question of disqualification shall be heard and determined in
writing by the City Manager within ten days following the date on which the disqualification statement is
filed. If a disqualification statement is filed, all time periods set forth in section 2.20.070 and 2.20.080 shall
be extended by ten days.
2.20.070 Hearing procedure.
A. No appeal hearing before a Hearing Officer shall be held unless and until an appeal request has
been completed and submitted in accordance with PMC Section 2.20.020, and the deposit has been made
pursuant to PMC Section 2.20.050 or hardship waiver granted.
B. A hearing before the Hearing Officer shall be set for a date that is not sooner than 15 and not more
than 90 days from the date that the request for hearing is filed in accordance with the provisions of this
chapter. The appellant shall be notified of the time and place set for the hearing, and the name of the
Hearing Officer, at least 10 days prior to the date of the hearing.
C. The Hearing Officer shall only consider evidence that is relevant to the matters on appeal.
Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be
admitted whether or not the speaker or author is present to testify on condition that the Hearing Officer
determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be
controlled by the Hearing Officer in accordance with the fundamentals of due process.
D. The appellant shall be given the opportunity to testify and present witnesses and evidence
concerning the administrative citation. The City's case shall be presented by the Development Services
Director or designee, an enforcement officer or by the City Attorney. The appellant may be represented by
counsel, but the City shall be notified in writing of such representation at least seven days prior to the appeal
hearing.
E. The failure of the appellant to appear at the hearing shall constitute a forfeiture of appeal rights
described in PMC Chapter 2.20 and the appellant will forfeit the deposit described in PMC Section 2.20.050
as payment associated with the final decision. Upon a showing of good cause by the appellant in writing to
the Hearing Officer and prior to the hearing, the Hearing Officer may excuse the offender's failure to appear
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at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more
than one time. Nothing in this Section shall be interpreted to mean the offender is excused from the
requirement of paying the fees and/or fines or appearing at a hearing.
F. Any documents prepared by the City in connection with the final decision shall constitute prima
facie evidence of the respective facts contained in those documents.
G. If the appellant submits to the city a written request, the City shall provide to the appellant copies
of all documents that it intends to introduce at the hearing. Such copies shall be provided to the appellant
within five days prior to the hearing or a lesser period upon a showing of cause. If, after copies of documents
have been provided to appellant, the City determines to submit to the Hearing Officer additional documents
then, whenever possible, a copy of such documents shall be provided to the appellant prior to the hearing.
H. The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and
discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the
Hearing Officer's discretion.
I. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses
in support of his or her case.
J. The Hearing Officer may continue the hearing and request additional information from the
enforcement officer or the appellant prior to issuing a written decision.
2.20.080 Hearing officer's decision.
A. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer
may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be
provided to the parties within 10 days of the hearing and shall either affirm, amend or dismiss the final
decision. The decision shall briefly state the reasons for the conclusion of the Hearing Officer. The City
shall serve the decision on the appellant in accordance with PMC Section 1.10.040.
B. If the Hearing Officer upholds the citation issuance, then the deposit with the City shall be retained
by the City. If a hardship waiver was granted, the decision shall set forth a payment schedule for the fine.
C. If the Hearing Officer dismisses the final decision, then the City shall promptly refund the deposit
or fees as applicable to the final decision. This shall not include other fines or fees that were not directly
associated with the appeal.
D. The Hearing Officer shall not have the power to reduce fees or the fine.
2.20.090 Right to judicial review.
Either the City or the appellant aggrieved by a decision of a Hearing Officer on an administrative citation
may obtain review of the decision by filing a petition for review with the San Diego Superior Court in
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accordance with the timelines and provisions as set forth in California Government Code Section
53069.4(b). Said procedure shall be available for all judicial review under this chapter, notwithstanding that
the term or condition being enforced pursuant to this chapter may not be a matter covered by Section
53069.4(a). Judicial review of a citation shall not be available without first participating in a hearing as
provided in this chapter.
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Chapter 8.72
NUISANCE ABATEMENT PROCEDURE
Sections.
8.72.010 Findings.
8.72.020 Nuisance defined.
8.72.030 Procedure.
8.72.010 Findings.
California Government Code Sections 38773 through 38773.7 allow the City to establish a procedure for
the abatement of a nuisance and charge the cost of said abatement upon a parcel of land by way of lien or
special assessment. The City Council finds that this procedure under certain circumstances would be in the
best interest of the general health, safety, and welfare of the City in that a nuisance may be eliminated at
no cost to the public.
8.72.020 Nuisance defined.
A "nuisance" includes but is not limited to the violation of any ordinance, resolution, regulation or policy
adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any
condition within the City found to be a potential threat to the general health, safety and welfare of the public.
8.72.030 Procedure.
A. The City Manager, or his/her designee, shall notify, in writing, the responsible person(s) of any
parcel upon which is believed to exist a public nuisance that said nuisance exists. Said nuisance may be
directly upon said parcel, an easement, or license benefiting said property or adjacent thereto if, in the
opinion of the City Manager, or his/her designee, the nuisance was created by, or for the direct or indirect
use or benefit of, the parcel or parcel owner. If a nuisance is believed to exist within the City and, in the
opinion of the City Manager or his/her designee, is caused by, created for, directly or indirectly, the owner
of a parcel of land within the City, then, in that event, the owner of that parcel, in addition to being notified
to abate the nuisance, shall be notified that if said nuisance is abated with cost to the City, that the cost
shall be reimbursed to the City, and if not, shall be assessed to that owner's parcel.
B. The notice referred to in this chapter shall be sent first class mail to the owner of record on the last
published assessment tax roll of the County Assessor's office. The notice shall specify the nuisance
believed to exist together with a request to abate same and advise the responsible person of the right to a
public hearing before the Hearing Officer as described in Chapter 2.20 of the City of Poway Municipal Code.
C. If the owner timely requests a hearing, and following the hearing, a nuisance is determined to exist,
the Hearing Officer shall specify in his/her decision the time allowed to abate the same by the responsible
party and/or owner.
D. If the nuisance is not abated within the time specified by the Hearing Officer or, if the owner does
not request a hearing and fails to fully abate the violations within the deadline established by the notice
described in section 8.72.030(A), then a hearing may be held before the City Council to declare the property
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a public nuisance. If the City Council determines that a public nuisance exists, it shall adopt a resolution
declaring the property a public nuisance. The City shall provide the owner a copy of the resolution, and if
the owner fails to fully abate the public nuisance within thirty 30 days of the adoption of the resolution, the
City may abate the nuisance.
E. Following abatement of any public nuisance, the City may place before the City Council invoice(s)
for any abatement costs for City Council confirmation, including administrative costs, attorneys' fees,
expenses, and reasonable interest therefor, from the date of said abatement.
F. If the abatement costs are not reimbursed to the City within 60 days of the date of the City Council
confirmation, the City may assess a lien on the property or a special assessment against the property owner
or responsible person. The lien and/or special assessment shall be collected at the same time and in the
same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the
same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of liens and special assessment shall be applicable.
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Chapter 8.76
DEFENSIBLE SPACE, VEGETATION MANAGEMENT AND WASTE ACCUMULATIONS
Sections:
8.76.010 Purpose and intent.
8.76.015 Definitions.
8.76.020 Discretion.
8.76.030 Defensible space — Highly flammable chaparral vegetation.
8.76.035 Vegetation management —Weeds and dry grasses.
8.76.040 Waste matter.
8.76.050 Notice to clean premises.
8.76.060 Service of notice to clean premises.
8.76.080 Time limit for abatement of nuisance.
8.76.090 Abatement of nuisance by Director of Development Services or Fire Marshal.
8.76.100 Obligation of City Clerk.
8.76.110 Hearing before City Council.
8.76.120 Payment prior to hearing.
8.76.130 Government Code provisions adopted, and collection of assessments.
8.76.010 Purpose and intent.
The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys;
a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy
for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by
clearing highly flammable chaparral vegetation around structures, and the Vegetation Management
Program, involving the removal of weeds and dry grasses from private property.
The public health and safety are also threatened by the accumulation of waste material that is left out in the
open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This
chapter also provides for the abatement of accumulated waste material that has been determined to be a
public nuisance.
The portions of this chapter related to defensible space shall be interpreted and implemented in a manner
consistent with the City's Wildfire Defensible Space Program Policy.
8.76.015 Definitions.
For purposes of this chapter, the words set out in this section shall have the following meanings:
"Clearing," "brushing" or "grubbing" means the complete removal of vegetation to bare soil and is not a
permitted activity to comply with the requirements of this chapter.
"Defensible space" means an area that is either natural or manmade, where material capable of allowing a
fire to spread unchecked has been treated or modified to slowthe rate and intensity of an advancing wildfire,
it:
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and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing,
grubbing, grading or the exposure of bare soil.
"Director of Development Services" means the Director of Development Services or his or her designee.
"Fire Marshal" means the Fire Marshal or his or her designee.
"Fuel, light" means vegetation consisting of herbaceous plants and round wood less than one -quarter -inch
in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial
grasses and/or weeds.
"Heritage tree" means any mature tree or mature stand of trees designated by the City Council as having
historic or cultural significance.
"Highly flammable chaparral vegetation" means species that provide large fuel loads such as sumac, scrub
oak, chamise, and sage. It does not include low -fuel -load species such as toyon, yucca, lemonade berry,
and other similar types of plants.
"Structure" means any of the following: (A) buildings designed primarily for human use, including attached
structures such as garages; or (B) buildings designed to house large animals. "Structure" does not include
sheds, storage buildings, or detached garages that are not designed for human use or the housing of large
animals.
"Thinning" means the reduction of fuel by methods such as mowing and trimming that leave the plant root
intact to stabilize the soil. Thinning includes the cutting of highly flammable chaparral species to within six
to 12 inches of the soil.
"Waste material" means unused or discarded matter having no substantial market value, which is exposed
to the elements and is not enclosed in any structure or otherwise concealed from public view, and which
consists, without limitation or exclusion by enumeration, of such matter and material as:
A. Rubble, asphalt, concrete, plaster, tile;
B. Rubbish, crates, cartons, metal and glass containers;
C. Vehicle bodies and parts.
8.76.020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof
or any material question of fact raised in this chapter, that discretion shall lie with the Director of
Development Services or Fire Marshal.
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8.76.030 Defensible space — Highly flammable chaparral vegetation.
A. Declaration of Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or
shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of
their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or
other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not
be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.
B. Nuisance Per Se. Any vegetation of a type described in subsection (A) of this section that is located
within 100 feet of a structure shall constitute a public nuisance per se.
C. Exceptions. The following types of vegetation shall not be subject to reduction or removal pursuant
to this chapter:
1. Low -flammability plant species, including but not limited to toyon, yucca, and lemonade berry.
2. Ornamental landscaping.
3. Heritage trees.
4. Vegetation within streambeds, banks, and vernal pools.
D. Reduction or Removal of Highly Flammable Chaparral Vegetation.
1. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or
removed as determined necessary by the Director of Development Services or Fire Marshal. Highly
flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing,
grubbing or grading.
2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire
Marshal may require a defensible space area of less than 100 feet from a structure. However, in no
case shall the required defensible space area be less than 50 feet from a structure.
3. In the case of vegetation that is within a recorded biological conservation easement, any habitat
that is required to be removed pursuant to this chapter shall be mitigated in kind by the property
owner at a 1:1 ratio.
8.76.035 Vegetation management —Weeds and dry grasses.
A. All weeds, dry grasses, dead shrubs, dead or dying trees, rubbish, or any material growing upon
the streets, sidewalks, or upon private property within the City, which bears seeds of a wingy or downy
nature or which by reason of their size, manner of growth, and location constitute a fire hazard to any
building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable
probability constitute such a fire hazard, are declared by this chapter to be a public nuisance.
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B. Cultivated and useful grasses and pasture will not be declared a public nuisance. However, if the Director
of Development Services or Fire Marshal determines it necessary to protect adjacent improved property
from fire exposure, vegetative management may be required.
8.76.040 Waste matter.
Waste matter as defined in this chapter, which by reason of its location and character is unsightly and
interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or
interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance, is
declared a public nuisance.
8.76.050 Notice to clean premises.
If it is determined that a public nuisance, as defined in this chapter, exists on any lot or premises, or upon
any sidewalk, parking lot or street adjacent to such lot or premises, the Director of Development Services
or Fire Marshal shall cause a notice to be issued to abate such nuisance. Such notice shall be headed:
NOTICE TO CLEAN PREMISES
in letters not less than one inch in height and which shall, in legible characters, direct the abatement of the
nuisance and refer to this chapter and section for particulars. Notices served by means of other than posting
as provided by this chapter shall contain a description of the property in general terms reasonably sufficient
to identify the location of the nuisance.
8.76.060 Service of notice to clean premises.
The notice required by PMC 8.76.050 may be served in any of the following manners:
A. By personal service on the owner, occupant or person in charge or control of the property or by
posting the property;
B. By regular mail addressed to the owner or person in charge and control of the property, at the
address shown on the last available assessment roll, or as otherwise known;
C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an
advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the
City. Said newspaper advertisement shall be a general notice that property in the City has been posted in
accordance with this chapter and contain a general statement of the effect of such postings. The date of
such newspaper advertisements shall not be considered in computing the appeal periods provided by this
chapter.
8.76.080 Time limit for abatement of nuisance.
It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises
in the City to abate the nuisance within the time frame set forth in the notice.
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8.76.090 Abatement of nuisance by Director of Development Services or Fire Marshal.
If the owner, agent of the owner, or the person in possession of the lot or premises fails or neglects to abate
the nuisance as defined in this chapter, within the time specified in this chapter, the Director of Development
Services or Fire Marshal shall cause such nuisance to be abated. The abatement work may be done by
City crews or by private contractor. A report of the proceedings and an accurate account of the cost of
abating the nuisance on each separate property shall be filed with the City Council.
8.76.100 Obligation of City Clerk.
The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular
or adjourned meeting which will be held at least seven and no more than 30 calendar days after the date
of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a
conspicuous place at or near the entrance of City Hall.
8.76.110 Hearing before City Council.
The City Council shall consider the report and account at the time set for hearing, together with any written
objections or protests by any owner or authorized agent of the property. Any owner of land or person
interested therein may present a written or oral protest or objection to the report and account. At the
conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as
modified or corrected by the City Council. The amounts so approved shall be liens or special assessments
upon the respective lots or premises, and the City Council shall adopt a resolution assessing said amounts
as liens or assessments upon the respective parcels of land as they are shown upon the last available
assessment roll, and determining that such vegetation and/or waste matter constitute a public nuisance.
The City Clerk shall prepare and file with the County Assessor a certified copy of such resolution of the City
Council.
8.76.120 Payment prior to hearing.
The City Clerk may accept payment of any amount due at any time prior to the City Council hearing, as
called for in PMC Section 8.76.110.
8.76.130 Government Code provisions adopted, and collection of assessments.
The provisions of Sections 39580 through 39586, inclusive, of the Government Code of the State, and any
amendments thereto, are incorporated by reference and made a part of this chapter. The County Auditor
shall enter each assessment in the County tax roll opposite the parcel of land. The amount of the
assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent,
the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for
ordinary municipal taxes.
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CHAPTER 8.80
ACCUMULATION OF JUNK
Sections:
8.80.010 Purpose
8.80.020 Definitions.
8.80.030 Prohibitions.
8.80.040
Regulations.
8.80.050
Junkyards.
8.80.060
Disposal of junk.
8.80.070
Firewood.
8.80.080 Enforcement.
8.80.010 Purpose.
This Chapter provides the regulations to control litter and junk accumulation within the City of Poway.
8.80.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them in this section:
A. "Accumulation" means acquisition, dumping or gathering of something whether gradually or
suddenly, including one or more items.
B. "Junk' means any combustible or noncombustible nonputrescible waste, including, but not limited
to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; natural aggregate, manure or
animal waste, trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural
purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones,
plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires
or inner tubes; auto, aircraftor boat parts; plastic or metal parts or scraps; damaged or defective machinery,
whether or not repairable; and damaged or defective toys, recreational equipment or household appliances
or furnishings, whether or not repairable.
C. "Litter" means waste material or similar, including, but not limited to, junk, convenience food,
beverage and other product packages or containers, cigarettes or smoking devices (partial or whole), steel,
aluminum, glass, paper, plastic or other materials, thrown, deposited or left on property or right-of-way
within the City.
8.80.030 Prohibitions.
A. No responsible person as defined in PMC Chapter 1.08 and 1.10 shall accumulate junk on the
exterior areas of any lot which is not fully enclosed by a lawful building, unless stored in compliance with
PMC Section 8.80.040.
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B. No person shall throw, deposit, cause to be deposited, or leave litter or junk in or upon any public
street, alley, sidewalk, public right-of-way or public place within the City except in public receptacles or
authorized private receptacles.
C. No person shall throw, deposit, cause to be deposited, or leave any litter in or upon any private
property within the City, vacant or occupied, except as provided in this Chapter.
8.80.040 Regulations.
A. All exterior areas where junk is stored shall comply with PMC Chapter 13.09, PMC Title 15, PMC
Title 16 Division VI, and each of following:
1. The following Structural best management practices (BMPs) shall be incorporated into areas
where junk is to be stored:
a. Grade impervious surfaces to drain to vegetated areas;
b. Minimize the area of impervious surfaces such as paved areas, roofs and concrete driveways;
c. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or
porous concrete) that minimize runoff.
d. All exposed junk shall be elevated above the ground with non-metallic or other nonpolluting
materials so that no sediment runoff will occur: and
e. All exposed junk shall be covered by an impervious fabric.
2. Long-term maintenance of all structural BMPs is required in accordance with PMC Chapter 16.104.
3. Compliance with stormwater BMPs shall be adhered to.
4. Areas shall be maintained so as to not be conducive to the breeding, shelter or harborage of
insects, rodents, vermin or pests;
5. Junk and operations associated with junk shall not create any odor, generate any airborne
particulate matter, or generate any excessive noise for adjacent property.
6. Junk shall not be visible from adjacent public rights-of-way, any street, and any area accessible to
the public.
7. Junk shall not constitute a danger or potential danger to, or otherwise be detrimental to, the public
health, safety or general welfare.
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8. Junk shall not be maintained in a manner that constituted a fire hazard, in the opinion of the
Director of Development Services or his/her designee.
9. Junk shall not be strewn about or maintained in an unsightly condition.
10. Junk shall not invite vandalism or otherwise constitute an attractive nuisance.
11. No person shall accumulate junk, or permit junk to be accumulated:
a. Within four feet of any building or structure, except that junk may be accumulated within two
feet of a fence or wall which is constructed of nonflammable material and is not used for structural
support of a building.
b. Within 15 feet of any rear lot line;
c. Within 10 feet of any side lot line; or
d. In the front yard.
8.80.050 Junkyards.
This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard,
motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by the zoning
ordinance and/or this code. Nothing contained in this chapter shall be deemed to authorize the
establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard, or salvage yard.
8.80.060 Disposal of junk.
This chapter does not prohibit the accumulation of junk in accordance with the conditions and requirements
of, and for the purposes authorized by PMC 8.68.150, or for a reasonable time prior to disposal thereof in
a public dump or other place where disposal lawfully may be made.
8.80.070 Firewood.
This chapter does not prohibit the accumulation of used lumber, lumber scraps and/or materials fabricated
out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly
stacked and shall be maintained in the manner authorized by the zoning ordinance and/or this code ; and,
provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size
so that no piece thereof exceeds five feet in length or two feet in width.
8.80.080. Enforcement
The Director of Development Services or his/her designee shall enforce this chapter, pursuant to PMC
Chapters 1.08, 1.10 and 8.72.
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Chapter 13.09
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
13.09.010 Title.
13.09.020 Purpose and intent.
13.09.030 Definitions.
13.09.040 General provisions.
13.09.050 Discharge prohibitions.
13.09.060 Exemptions to discharge prohibitions.
13.09.070 Best management practice requirements for all dischargers.
13.09.080 Additional requirements for land disturbance activity.
13.09.090 Additional requirements for all land development and redevelopment projects.
13.09.100 Maintenance of best management practices.
13.09.110 Inspection and sampling.
13.09.120 Enforcement authority.
13.09.130 Other acts and omissions that are violations.
13.09.140 Penalties.
13.09.010 Title.
This chapter shall be known as the "City of Poway stormwater management and discharge control
ordinance." (Ord. 775 § 3, 2015)
13.09.020 Purpose and intent.
The purposes of this chapter are as follows:
A. To establish requirements fordischarges into the stormwater conveyance system, receiving waters,
and the environment;
B. To protect, to the maximum extent practicable (MEP), life, property, receiving waters, aquatic life,
and the environment from loss, injury, degradation, or damage by discharges from within the City's
jurisdiction;
C. To protect the stormwater conveyance system from damage; and
D. To meet the requirements of State and Federal law and the MS4 Permit. (Ord. 775 § 3, 2015)
13.09.030 Definitions.
The following definitions shall be applicable when the following words or phrases are used hereafter in this
chapter (including use in the City of Poway's Best Management Practices Manual), whether or not these
words or phrases are capitalized.
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"Authorized enforcement official" means the City Manager of the City of Poway or any designee of the City
Manager of the City of Poway who is responsible for enforcing the provisions of this chapter, including but
not limited to the Directors, their management staff, and designees.
"Best management practices" or "BMPs" are the schedules of activities, pollution treatment practices or
devices, prohibitions of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or devices to prevent or
reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or the stormwater
conveyance system. BMPs also include, but are not limited to, treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw
materials storage. BMPs may include any type of pollution prevention and pollution control measure,
approved by the City and consistent with the MS4 Permit, that can help to achieve compliance with this
chapter.
"BMP Manual" or "Manual" means the City's Best Management Practices (BMP) Manual, described in
PMC 13.09.040(D) and 13.09.080. The BMP Manual shall be adopted, and amended from time to time, by
resolution as a part of the City's Jurisdictional Runoff Management Program.
"Channel" means a natural or improved watercourse with a definite bed and banks that conveys
continuously or intermittently flowing water.
"City" means the City of Poway.
"Contamination," as defined in Section 13050 of the Porter -Cologne Water Quality Control Act (Division 7 of
the California Water Code), is "an impairment of the quality of waters of the State by waste to a degree
which creates a hazard to the public health through poisoning or through the spread of disease.
'Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters
of the State are affected." In the event Section 13050 of the Porter -Cologne Water Quality Act is amended
or superseded, the amended or superseding section shall define "contamination."
"County" means the County of San Diego.
"Developer" means a person who seeks or receives permits for or who undertakes land development
activity.
"Development project proponent" means developer.
"Director" means the Director of the City's Development Services Department.
"Discharge," when used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to
allow stormwater or nonstormwater to directly or indirectly enter the stormwater conveyance system or
receiving waters, from an activity or operations which one owns or operates. When used as a noun,
"discharge" means the pollutants, stormwater and/or nonstormwater that is discharged.
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"Discharge directly to" means that stormwater or nonstormwater is conveyed overland a distance of 200
feet or less from a site, or conveyed in a pipe or open channel any distance as an isolated flow from a site
(i.e., not commingled with flows from adjacent lands).
"Discharger" means any person or entity engaged in activities or operations, or owning facilities, which will
or may result in pollutants entering stormwater, the stormwater conveyance system, or receiving waters;
and the owners of real property on which such activities, operations or facilities are located; provided,
however, that a local government or public authority is not a discharger as to activities conducted by others
in public rights-of-way.
"Erosion" refers to any process in which land is diminished or worn away due to wind, water or glacial ice.
Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs
naturally but can be intensified by land clearing activities such as farming, development, road building, and
timber harvesting.
"Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations
that are fully saturated.
"Illegal connection" means a pipe, facility or other device connected to the stormwater conveyance system
or receiving waters, which has not been reviewed and authorized by the City; or a permitted/authorized
pipe, facility or other device which conveys illegal discharges.
'Illegal discharge' means any discharge to the stormwater conveyance system or receiving waters that is
prohibited by this chapter. This includes, but is not limited to, discharges of nonstormwater that are not
exempt discharges listed in PMC 13.09.060, discharges of irrigation runoff to the stormwater conveyance
system, any discharge from an illegal connection, and any discharge that contains additional pollutants due
to the absence of a required BMP or the failure of a BMP. Discharges that require an NPDES permit that
has not been issued or has not been acknowledged by the discharger to be applicable are illegal
discharges. Discharges regulated under an applicable NPDES permit are illegal discharges for purposes
of this chapter unless compliance with all applicable permit and stormwater pollution prevention plan
(SWPPP) conditions is maintained.
"Impervious surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The
term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways.
"Land development activity" means construction, rehabilitation, redevelopment, or reconstruction of any
public or private projects.
"Land disturbance activity" means any activity that moves soils or substantially alters the preexisting
vegetated or manmade cover of any land. This includes, but is not limited to, grading, digging, cutting,
scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior
construction; substantial removal of vegetation where soils are disturbed, including, but not limited to,
removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations
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or the diversion or piping of any watercourse. Land disturbance activity does not include routine
maintenance to maintain original line and grade, hydraulic capacity or the original purpose of the facility,
nor does it include emergency construction activities or maintenance activities required to protect public
health and safety.
"Land owner" means the holder of legal title to the land, and other persons or entities who exercise control
over a land development project pursuant to rights granted in a purchase agreement, joint venture
agreement, development agreement, or long-term lease.
"Low impact development" or "LID" means a stormwater management and land development strategy that
emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale
hydrologic controls to more closely reflect predevelopment hydrologic functions.
"Maintenance of a BMP" means periodic action taken to maintain the as -designed performance of a BMP,
and includes, but is not limited to, repairs to the BMP as necessary and replacement of the BMP by an
equally effective or more effective BMP at the end of its useful life.
"Maximum extent practicable" or "MEP" is an acceptability standard for BMPs. When BMPs are required to
meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is
effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to
human activity. A BMP is practicable if it complies with other regulations as well as stormwater regulations;
is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering
area soil, geography, water resources, and other resources available); is economically feasible; and
provides benefits that are reasonable in relation to costs.
"MS4 Permit" refers to RWQCB Order No. R9-2013-0001, NPDES Permit No. CAS0109266, as may be
amended.
"Nonstormwater discharge" is any discharge to the stormwater conveyance system or receiving waters that
is not composed entirely of stormwater.
"NPDES permit" means a National Pollutant Discharge Elimination System (NPDES) permit issued by the
U.S. Environmental Protection Agency, the State Water Resources Control Board (SWRCB), or the
RWQCB.
"Nuisance" shall have the same meaning as set forth in PMC 8.72.020.
"Pollutants" shall have the same meaning as set forth in PMC 8.68.020.
"Pollution," as defined in Section 13050 of the Porter -Cologne Water Quality Control Act (Division 7 of the
California Water Code), is "the alteration of the quality of the waters of the State by waste, to a degree
which unreasonably affects either of the following: (1) The waters for beneficial uses; or (2) Facilities that
serve these beneficial uses." In the event Section 13050 of the Porter -Cologne Water Quality Act is
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amended or superseded, the amended or superseding section shall define "pollution." Pollution may include
contamination.
"Porter -Cologne Water Quality Control Act" or "Act" means Division 7 of the California Water Code as may
be amended from time to time.
"Premises" means any building, lot, parcel, land or portion of land whether improved or unimproved.
"Priority development project" refers to new development and redevelopment project categories as more
fully set forth in Section E.3.b of the MS4 Permit and in the BMP Design Manual.
"Receiving waters" means all waters that are "waters of the United States."
"Redevelopment" means any construction, alteration or improvement of an already developed site.
Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or
replacement of a structure, exterior construction and remodeling, replacement of existing impervious
surfaces that are not part of a routine maintenance activity, and other activities that create additional
impervious surfaces.
"Runoff' means all flows in a stormwater conveyance system, including stormwater (wet weather flows) and
nonstormwater (dry weather flows).
"RWQCB" means the Regional Water Quality Control Board for the San Diego Region.
"Sediment" means soils or other surficial materials eroded and then transported or deposited by the action
of wind, water, ice, or gravity. Sediment resulting from anthropogenic sources (i.e.. human induced land
disturbance activities) is considered a pollutant.
"Standard urban stormwater mitigation plan" means a plan designed to reduce pollutants and runoff flows
from new development and significant redevelopment.
"State" means the State of California.
"State general construction stormwater permit" means NPDES Permit No. CAS000002 and any
amendments thereto.
"State general industrial stormwater permit" means NPDES Permit No. CAS000001 and any amendments
thereto.
"Stop work order" means an order issued which requires that specifically identified activity or all activity on
a site be stopped.
"Stormwater" shall have the same meaning as set forth in PMC 8.68.020.
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"Stormwater conveyance system" means facilities owned or operated by the City of Poway by which
stormwater may be conveyed to receiving waters of the United States, including any roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and manmade channels or storm
drains.
"Stormwater management" means the use of structural or nonstructural BMPs that are designed to reduce
urban runoff pollutant loads, discharge volumes and/or peak discharge flow rates or velocities. When
applied to the City or another municipality, stormwater management also includes planning and
programmatic measures.
"Stormwater management plan" means a plan, submitted on a City form or in a City -specific format in
connection with an application for a City permit or other City approval, identifying the measures that will be
used for stormwater and nonstormwater management during the permitted activity.
"Stormwater pollution prevention plan" or "SWPPP" means a document that meets the requirements for an
SWPPP set out in the State general construction stormwater permit or the State general industrial
stormwater permit.
"Stormwater quality management plan" (SWQMP) is a report that documents how a priority development
project complies with applicable BMP requirements for land development and redevelopment activities
listed in the BMP Manual.
"Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and
undisturbed condition), or a constructed or installed device to reduce or prevent pollutants in stormwater
discharges and authorized nonstormwater discharges. Constructed or enhanced BMPs that depend on
natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands),
and that require periodic maintenance to function as designed, are structural BMPs.
"Structural post -construction BMP" means a structural BMP (other than a temporary construction -related
BMP) put in place in connection with a land development or redevelopment project to prevent or reduce
pollution of stormwater or receiving waters, or to prevent or reduce erosion downstream from the project.
All treatment control BMPs are structural post -construction BMPs.
"SWRCB" means the State Water Resources Control Board.
"Watercourse" means a permanent or intermittent stream, creek or other body of water, either natural or
improved, which gathers or carries surface water.
"Water quality standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking
water supply, etc.) of water and the water quality objectives adopted by the State or the U.S. Environmental
Protection Agency to protect those uses.
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"Waters of the State" means any water, surface or underground, including saline waters, within the
boundaries of the State (State Water Code Section 10350(e)). The definition of the "waters of the State" is
broader than that for the "waters of the United States" in that all water in the State is considered to be
.'waters of the State" regardless of circumstances or condition.
"Waters of the United States" means water subject to the regulatory jurisdiction of the United States under
the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters
tributary to "navigable' waters and adjacent wetlands.) (Ord. 775 § 3, 2015)
13.09.040 General provisions.
A. Responsibility for Administration. This chapter shall be administered for the City of Poway by its
authorized enforcement officials.
B. Construction and Application. Interpretation of this chapter shall assure consistency with the
purpose and intent of this chapter and shall implement the requirements of the MS4 Permit. This chapter is
not intended to interfere with, abrogate or annul any other chapter, rule or regulation, statute or other
provision of law. The requirements of this chapter should be considered minimum requirements, and where
any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule
or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall take precedence. Stormwater and nonstormwater
discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB waste
discharge requirements permit are not subject to this chapter, but shall instead be regulated exclusively by
the RWQCB.
C. BMP Manual. The City may establish and adopt a written description of the runoff management
measures and programs, including minimum BMPs that the City will implement, or require to be
implemented, to ensure compliance with this chapter. These documents shall be known collectively as the
BMP Manual. Amendments to the BMP Manual shall be approved by the authorized enforcement official.
D. Severability and Validity. If any section of this chapter is declared invalid by a court of law, the
remaining sections shall remain valid. The City Council hereby declares that it would have passed this
chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional, and if for any reason this chapter should be declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in full force and effect. (Ord. 775 § 3, 2015)
13.09.050 Discharge prohibitions.
A. Illegal Discharges. The direct or indirect discharge of pollutants into the stormwater conveyance
system or receiving waters is prohibited, except as exempted in PMC 13.09.060. The direct or indirect
discharge of pollutants into the stormwater conveyance system or receiving waters in stormwater is
prohibited, unless the applicable requirements of this chapter have been met.
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B. Illegal Connection. The establishment of illegal connections is prohibited. The use of illegal
connections is prohibited, even if the connection was established pursuant to a valid City permit and was
legal at the time it was constructed.
C. Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining, or
keeping materials or wastes on public or private lands in a manner and place where they may result in an
illegal discharge is prohibited.
D. Violations of the MS4 Permit. It is unlawful for any responsible person as defined in PMC Chapter
1.08 and 1.10 to cause, or threaten to cause, either individually or jointly, any discharge into or from the
stormwater conveyance system that results in or contributes to a violation of the MS4 Permit. (Ord. 775 § 3,
2015)
13.09.060 Exemptions to discharge prohibitions.
A. Permitted Discharges. Any discharge to the stormwater conveyance system that is regulated under
an NPDES permit issued to the discharger and administered by the State pursuant to the Porter -Cologne
Water Quality Control Act is allowed; provided, that the discharger is in compliance with all requirements of
the NPDES permit and other applicable laws and regulations.
B. Groundwater Discharges Typically Requiring Permits. Nonstormwater discharges to the
stormwater conveyance system from the following categories are allowed if: (1) the discharger obtains
coverage under NPDES Permit No. CAG919002 (RWQCB Order No. R9-2008-0002, or subsequent order)
for discharges to surface waters other than San Diego Bay, and the discharger is in compliance with all
requirements of the applicable NPDES permit, and all other applicable laws and regulations; or (2) the
RWQCB determines in writing that coverage under NPDES Permit No. CAG919002 (or subsequent permit)
is not required. Otherwise, nonstormwater discharges from the following categories are illegal discharges:
1. Discharges from uncontaminated pumped groundwater;
2. Discharges from foundation drains when the system is designed to be located at or below the
groundwater table to actively or passively extract groundwater during any part of the year;
3. Discharges from water from crawl space pumps; or
4. Discharges from water from footing drains when the system is designed to be located at or below
the groundwater table to actively or passively extract groundwater during any part of the year.
C. Discharges from Water Lines. Nonstormwater discharges to the stormwater conveyance system
from water line flushing and water main breaks are allowed if the discharges have coverage under NPDES
Permit No. CAG679001 (RWQCB Order No. R9-2010-0003, or subsequent order), and the discharger is in
compliance with all requirements of that NPDES permit and other applicable laws and regulations. This
category includes water line flushing and water main break discharges from water purveyors issued a water
supply permit by the California Department of Public Health or Federal military installations. Discharges
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from recycled or reclaimed water lines to the stormwater conveyance system are allowed if the discharges
have coverage under an NPDES permit, and the discharger is in compliance with the applicable NPDES
permit and other applicable laws and regulations. Otherwise, discharges from water lines are illegal
discharges.
D. Allowable Discharges. Nonstormwater discharges to the stormwater conveyance system from the
following categories are allowed, unless an authorized enforcement official or the RWQCB identifies the
discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illegal
discharge:
1. Discharges from diverted stream flows;
2. Discharges from flows from riparian habitats and wetlands;
3. Discharges from foundation drains when the system is designed to be located above the
groundwater table at all times of the year, and the system is only expected to produce nonstormwater
discharges under unusual circumstances;
4. Discharges from footing drains when the system is designed to be located above the groundwater
table at all times of the year, and the system is only expected to produce nonstormwater discharges
under unusual circumstances;
5. Discharges from rising groundwater;
6. Discharges from uncontaminated groundwater infiltration to the stormwater conveyance system;
7. Discharges from springs; and
8. Discharges from potable water sources, except as set forth in subsection C of this section and
except that irrigation runoff discharges are considered illegal discharges and are not allowed.
E. Conditionally Allowed Discharges. Nonstormwater discharges from the following categories are
allowed if they are addressed as set forth below; otherwise, nonstormwater discharges from the following
categories are illegal discharges:
1. Air Conditioning Condensation. Air conditioning condensation discharges shall comply with
applicable BMPs identified in the BMP Manual.
2. Individual Residential Vehicle Washing. Wash water from individual residential vehicle washing
must be directed to landscaped areas or other pervious surfaces, where feasible. Where discharges
cannot be feasibly prevented, BMPs must be implemented in accordance with the BMP Manual.
Noncommercial car washes, such as fundraisers and other similar activities, are not considered
individual residential vehicle washing. Discharges from such activities are, therefore, considered
illegal discharges.
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3. Water from Swimming Pools.
a. Chlorinated Swimming Pool Water. Chlorine, algaecide, filter backwash, and other pollutants
shall be eliminated prior to discharging swimming pool water to the stormwater conveyance
system.
b. Saline Swimming Pool Water. Saline swimming pool water must be directed to the sanitary
sewer, landscaped areas, or other pervious surfaces that can accommodate the volume of
water, unless the saline swimming pool water can be discharged directly to a naturally saline
water body.
F. Firefighting Activities. Nonstormwater discharges to the stormwater conveyance system from
firefighting activities are allowed if they are addressed as follows:
1. Nonemergency Firefighting Discharges. Nonemergency firefighting discharges, including building
fire suppression system maintenance discharges (e.g., sprinkler line flushing), controlled or practice
blazes, training, and maintenance activities shall be addressed by BMPs to prevent the discharge of
pollutants to the stormwater conveyance system.
2. Emergency Firefighting Discharges. BMPs are encouraged to prevent pollutants from entering the
stormwater conveyance system. During emergencies, priority of efforts should be directed toward
life, property and the environment (in descending order). BMPs shall not interfere with emergency
response operations or impact public health and safety.
G. Exemptions Not Absolute. Notwithstanding the categories of nonstormwater discharges
conditionally allowed by subsections A through F of this section, if the RWQCB or the authorized
enforcement official determines that any of these categories of otherwise conditionally allowed
nonstormwater discharges are a source of pollutants to receiving waters, are a danger to public health or
safety, or are causing a public nuisance, such discharges shall be prohibited from entering the stormwater
conveyance system. (Ord. 775 § 3, 2015)
13.09.070 Best management practice requirements for all dischargers.
A. Best Management Practices. Any responsible person as defined in PMC Chapter 1.08 and 1.10
engaged in activities which may result in discharges to the stormwater conveyance system shall, to the
maximum extent practicable, undertake all measures to reduce the risk of nonstormwater discharges and
pollutant discharges. The following requirements shall apply:
1. Every responsible person as defined in PMC Chapter 1.08 and 1.10 undertaking any activity or
use of premises that may cause or contribute to stormwater pollution or contamination, illegal
discharges, or nonstormwater discharges to the stormwater conveyance system shall comply with
BMP guidelines or pollution control requirements, as may be established by the authorized
enforcement official. BMPs shall be maintained routinely throughout the life of the activity. Such
BMPs include the minimum BMPs set forth in the BMP Manual.
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2. An authorized enforcement official may require any business or operations that are engaged in
activities which may result in pollutant discharges to the stormwater conveyance system to develop
and implement a SWPPP, which must include an employee training program and the applicable
minimum BMPs from the BMP Manual.
3. Each discharger that is subject to any NPDES permit shall comply with all requirements of all such
permits. The discharger must also make reports submitted to the RWQCB or other permitting agency,
including monitoring data, available to the City upon request.
4. Parties undertaking land disturbance activities shall comply with all applicable requirements of this
chapter, the BMP Manual, and Division III of PMC Title 16 (Chapters 16_40 through 16_56 PMC).
5. Parties undertaking land development and redevelopment activities shall comply with all applicable
requirements of this chapter and the BMP Manual.
B. Guidance Documents. Any authorized enforcement official under the supervision of the City
Engineer may prepare, disseminate and maintain guidance documents addressing the use of BMPs for
specific activities or facilities, illegal connections and illegal discharges. These guidance documents may
set out additional compliance alternatives that, in specified circumstances, can provide the same
environmental protection that is afforded by the BMPs required by this chapter or specified in the BMP
Manual.
C. Significant Sources of Pollutants. Where an authorized enforcement official identifies a discharge
that is in violation of PMC 13.09.050(D) or 13.09.060(G), an authorized enforcement official may order the
discharger to install, implement and maintain additional BMPs to prevent or reduce contamination in
stormwater and nonstormwater to the MEP. Any such order shall specify a reasonable date by which those
BMPs must be put in place. The failures to install, implement or maintain additional BMPs as required by
any such order is a violation of this chapter.
D. Collection and Use of Stormwater. An authorized enforcement official may modify any requirement
imposed by this chapter to allow the on-site collection and use of stormwater, or the collection of stormwater
for delivery to and use at City -designated sites, provided the modified requirements are enforceable and
provide equivalent environmental protection. (Ord. 775 § 3, 2015)
13.09.080 Additional requirements for land disturbance activity.
A. Permit Issuance. No land owner or development project proponent shall receive any City grading,
clearing, building, or other land development permit or equivalent approval required for land disturbance
activity without first meeting the requirements of this chapter, the BMP Manual, and Division III of PMC
Title 16, with respect to the portion of the development project and the land disturbance activity to which
the permit at issue would apply.
B. Owners and Operators Both Responsible and Liable. Persons or entities performing land
disturbance activity (including, but not limited to, construction activities) in the City, and the owners of land
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on which land disturbance activity is performed, are dischargers for purposes of this chapter; provided,
however, that a local government or public authority is not a discharger as to activities conducted by others
in public rights-of-way.
C. BMP Plan Submittals. All applications to the City for a permit or approval associated with a land
disturbance activity must demonstrate how the proposed activity will comply with all applicable BMP
requirements in a format specified by the City. The submitted materials shall specify the manner in which
the discharger/applicant will implement the BMPs required by this chapter, the BMP Manual, and Division
III of PMC Title 16 for the activity at issue, including, but not limited to, the applicable BMPs required by
subsection D of this section.
D. Agricultural Grading and Clearing. The BMP requirements imposed by this section for land
disturbance activities apply to agricultural grading and clearing, whether or not a City -issued grading and
clearing permit is required for that activity. Tilling or cultivating land exclusively for the purpose of growing
plants or animals is not considered to be grading or clearing, provided all disturbed material remains on the
same site, the tilling or cultivating will not block or divert any natural drainage way, and the land to be tilled
or cultivated has been in agricultural production for at least one of the preceding five years. (Ord. 775 § 3,
2015)
13.09.090 Additional requirements for all land development and redevelopment projects.
A. Application to Development and Redevelopment Projects. No land owner or development project
proponent in the City shall receive any City grading, clearing, building or other land development permit
required for land development activity or redevelopment activity unless the project meets or will meet the
requirements of this chapter and the applicable requirements defined in the City's BMP Manual. For priority
development projects, the project's post -construction BMP plan must be approved prior to the issuance of
such permits.
B. Owners and Developers Responsible and Liable. Developers, development project proponents,
and land owners for land on which land development activity is performed, are dischargers for purposes of
this chapter; provided, however, that a local government or public authority is not a discharger as to
activities conducted by others in public rights-of-way.
C. Post -Construction BMPs Required. Land development and redevelopment projects with the
potential to add pollutants to stormwater or to affect the flow rate or velocity of stormwater runoff after
construction is completed shall be designed to include and shall implement post -construction BMPs to
ensure that pollutants and runoff from the development will be reduced to the maximum extent practicable,
will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of
water quality standards in accordance with the requirements defined in the BMP Manual.
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D. Land Development Associated with Agricultural Operations. The requirements imposed by this
section for land development activities apply to such activities when they are associated with agricultural
operations.
E. Post -Construction Stormwater Management Plan. All applications to the City for a permit or
approval associated with a land development or redevelopment activity must be accompanied by a post -
construction stormwater management plan on a form or in a format specified by the City. The plan shall
specify the manner in which the discharger/applicant will implement the post -construction BMPs required
by this chapter. The plan must address those aspects of the project that, at the time a complete application
is submitted, are subject to further environmental review pursuant to Section 15162 of the California
Environmental Quality Act. Post -construction BMPs for other aspects of the project need not be addressed
in this plan.
F. Stormwater Management Plan Review Fee and Deposit. Fees for stormwater management plan
review and deposit thereof shall be adopted by resolution.
G. Control to the Maximum Extent Practicable. All dischargers engaged in land development and
significant redevelopment activities shall install, implement and maintain post -construction BMPs as
needed to prevent or reduce pollutant discharges in stormwater from land disturbance to the MEP. (Ord.
775§ 3, 2015)
13.09.100 Maintenance of best management practices.
A. Existing Development. Dischargers shall maintain the designed functionality of BMPs they rely
upon to achieve and maintain compliance with this chapter.
B. Structural Post -Construction BMPs. The owners and occupants of lands on which structural post -
construction BMPs, including treatment control BMPs, have been installed to meet the requirements of this
chapter shall ensure the maintenance of those BMPs, and shall themselves maintain those BMPs (by
contract or covenant, or pursuant to this chapter). Such owners and occupants shall provide annual written
verification that appropriate maintenance is conducted for all treatment control BMPs.
C. Maintenance Obligations Assumed by Contract or Other Agreement. Primary responsibility to
maintain a structural post -construction BMP may be transferred through a contract or other agreement. If
that contract provides that it will be submitted to the City pursuant to this chapter as part of a development
permit application, and if that contract is so submitted, the person or entity accepting a maintenance
obligation in such a contract or agreement will also be legally obligated to maintain that BMP pursuant to
this chapter.
D. Obligation to Maintain BMPs Not Avoided by Contracts or Other Agreements. For purposes of City
enforcement, no contract or other agreement imposing an obligation to maintain a structural post -
construction BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this
chapter.
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E. Disclosure of Maintenance Obligations. Any developer who transfers ownership of land on which a
BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the
maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance
obligations associated with that BMP to the new or additional responsible party prior to that transfer.
F. Maintenance Plans for Land Development Projects. The proponents of any land development
project or significant redevelopment project that requires installation of structural post -construction BMPs
shall provide to the City for review and approval prior to issuance of permits for the project a plan for
maintenance of all structural post -construction BMPs associated with the project. The plan shall specify the
persons or entities responsible for maintenance activity, the persons or entities responsible for funding,
schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and
any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all
structural post -construction BMPs at least annually and for the retention of inspection and maintenance
records for at least three years.
G. Access for Maintenance. Structural post -construction BMPs shall provide for adequate access on
the part of the City for long-term inspection and maintenance purposes.
H. Assurance of Maintenance for Land Development Projects. The proponents of any land
development activity or redevelopment activity that requires a City permit shall provide to the City, prior to
issuance of permits for the project, proof of a mechanism acceptable to the City which will ensure ongoing
long-term maintenance of all structural post -construction BMPs associated with the proposed project. The
proponents shall be responsible for maintenance of BMPs unless, and until, an alternative mechanism for
ensuring maintenance is accepted by the City and becomes effective.
I. Security for Maintenance for Land Development Projects. If it is determined by the authorized
enforcement official that the public interest requires the posting of a bond or other security to assure the
maintenance of a BMP, such bond or security may be required by the authorized enforcement official. (Ord.
775 § 3, 2015)
13.09.110 Inspection and sampling.
A. Regulatory Inspections and Certification Programs. The authorized enforcement official may
establish inspection or certification programs to evaluate and enforce compliance with the requirements of
this chapter. Authorized enforcement officials may inspect facilities, activities and residences subject to this
chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry
for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence,
an inspection warrant shall be obtained prior to inspection.
B. Inspections of New Construction. When any new storm drain system or structural BMP is installed
on private property as part of a project that requires a City permit, in order to comply with this chapter, the
responsible person as defined in PMC Chapter 1.08 and 1.10 shall agree to a condition of approval that
provides the City access for inspection and maintenance of storm drain system or BMPs or, at the discretion
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of the City, shall provide to the City for review an easement to enter the property at reasonable times and
in a reasonable manner to ensure that the storm drain system or BMP is working properly. This includes
the right to enter the property without prior notice for routine inspections, to enter as needed for additional
inspections when the City has a reasonable basis to believe that the storm drain system or BMP is not
working properly, to enter for any needed follow-up inspections, and to enterwhen necessary for abatement
of a nuisance or correction of a violation of this chapter.
C. Scope of Inspections. Inspections may include all actions necessary to determine whether any
illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate
to comply with this chapter, whether those BMPs are being properly maintained, and whether the facility or
activity complies with the other requirements of this chapter. This may include but may not be limited to
sampling, metering, visual inspections and records review. Where samples are collected the owner or
operator may request and receive split samples. Records, reports, analyses or other information required
under this chapter may be inspected and copied, and photographs taken to document a condition and/or a
violation of this chapter. (Ord. 775 § 3, 2015)
13.09.120 Enforcement authority.
Authorized enforcement officials may enforce this chapter and abate public nuisances as set forth in
Chapters 1.08, 1.10, 8.72 and 15.32 and as follows:
A. Administrative Authorities.l. Administrative Penalties. In addition to administrative penalties
permitted elsewhere in the PMC. administrative penalties may include the recovery of fines assessed
against the City by the RWQCB. 2. Cease and Desist Orders. Written orders, verbal orders or both
may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an
authorized enforcement official that the public interest requires the posting of a bond or other security
to assure the violation is corrected, such bond or security may be required by the authorized
enforcement official.
3. Notice and Order to Clean, Test or Abate. Written orders, verbal orders or both may be issued to
perform activities to comply with the BMP Manual, this chapter, or as directed by an authorized
enforcement official where conditions warrant.
4. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety
and welfare, and constitute a public nuisance. If actions ordered under subsections (A)(2) and (3) of
this section are not performed, the authorized enforcement official may abate any public nuisance
pursuant to Chapter 8.72 PMC. City costs for pollution detection and abatement, if not paid in full by
the discharger in addition to any other penalties, may be made a lien against the property in
accordance with the abatement procedure.
5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, or
other laws implemented through enforcement of this chapter, an authorized enforcement official may
order the work stopped by notice in writing served on any person engaged in the doing or causing
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such work to be done, and any such person shall immediately stop such work until authorized by the
authorized enforcement official to proceed with the work.
6. Permit Suspension or Revocation. Violations of this chapter may be grounds for the suspension
or revocation of a permit and other City license pursuant to PMC 1.08.010(T).
B. Judicial Authorities.
1. Civil Penalties and Remedies. The City Attorney is hereby authorized to file criminal and civil
actions to enforce this chapter and to seek civil penalties and/or other remedies as provided in this
section and in PMC 13.09.140, as well as PMC Chapters 1.08, 1.10, 8.72 and 15.32._ There is no
requirement that administrative enforcement procedures must be pursued before such actions are
filed.
2. Injunctive Relief. The City may enforce compliance with this chapter by judicial action for injunctive
relief.
3. Arrest or Issue Citations. The assistance of a peace officer may be enlisted to arrest violators or
issue a citation and notice to appear as prescribed in the California Penal Code, including
Section 853.6. There is no requirement that administrative enforcement remedies be exhausted or
otherwise used before such actions are taken. The immunities prescribed in Section 836.5 of the
Penal Code are applicable to authorized enforcement officials acting in the course and scope of their
employment pursuant to this chapter. (Ord. 775 § 3, 2015)
13.09.130 Other acts and omissions that are violations.
In addition to failing to comply with any of the other requirements described in this chapter, including a BMP
Manual, the MS4 Permit, and a stormwater quality management plan, the following acts and omissions are
violations of this chapter, whether committed by a discharger or by another person or entity:
A. Causing, Permitting, Aiding, or Abetting Noncompliance. Causing, permitting, aiding, or abetting
noncompliance with any part of this chapter constitutes a violation of this chapter.
B. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation
made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary
disclosure, any submission of a report that omits required material facts without disclosing such omission,
and any withholding of information required to be submitted by or pursuant to this chapter in order to delay
City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of
this chapter.
C. Failure to Promptly Correct Noncompliance. Violations of this chapter must be corrected within the
time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that
period during which action necessary to correct a violation is not initiated and diligently pursued is a
separate violation of this chapter.
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D. City Permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to
this chapter; any failure to comply with stormwater-related provisions of a City -issued grading permit or
grading plan prepared to secure such a permit; and any failure to comply with stormwater-related provisions
in any other City permit or approval is also a violation of this chapter. For purposes of this chapter a permit
provision or condition of approval is "stormwater-related" if compliance with the provision or condition would
have the effect of preventing or reducing contamination of stormwater or of moderating runoff flow rates or
velocities, whether or not the provision or condition was initially imposed to promote those outcomes. (Ord.
775 § 3, 2015)
13.09.140 Penalties.
A. Administrative Penalties. Administrative penalties may be imposed pursuant to this code. Any
administrative penalty provision in this code shall also be applicable to violations of this chapter, unless
otherwise provided therein.
B. Misdemeanor Penalties. Noncompliance with any part of this chapter may be charged as a
misdemeanor, and may be enforced and punished as prescribed in the Penal Code and Government Code
of the State of California, and this code.
C. Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the
discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as
prescribed in this code, Penal Code and Government Code of the State of California.
D. For Civil Actions. In addition to other penalties and remedies permitted in Chapters 1.08, 1.10. 8.72
and 15.32, a violation of this chapter may result in the filing of a civil action by the City. The following may
also be awarded without monetary limitations in any civil action:
1. Injunctive relief;
2. Costs to investigate, inspect, monitor, survey, or litigate;
3. Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs
to restore environmental damage or to end any other adverse effects of a violation;
4. Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or
restitution to third parties for losses caused by violations;
5. Civil penalties;
6. Reasonable attorney fees; and
7. Fines assessed against the City by the RWQCB.
As part of a civil action filed by the City to enforce provisions of this chapter, a court may assess a civil
penalty in the maximum amount permitted by law per violation of this chapter for each day during which
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any violation of any provision of this chapter is committed, continued, permitted, or maintained by such
person(s).
In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take
into consideration the nature, circumstances, extent and gravity of the violation or violations, whether any
discharge caused by the violation is susceptible to cleanup or abatement, and, with respect to the violator,
the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any
prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.
E. Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be
cumulative and in addition to other administrative, civil or criminal remedies. (Ord. 775 § 3, 2015)
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Chapter 15.02
UNIFORM ADMINISTRATIVE CODE
Sections:
15.02.010 Adoption of Uniform Administrative Code.
15.02.020 Deletions, revisions and additions to Uniform Administrative Code.
15.02.030 Section 102.2 amended.
15.02.040 Section 102.6 amended.
15.02.050 Section 202.11 added.
15.02.060 Section 204.1 amended.
15.02.070 Section 206 added.
15.02.080 Section 301.1 amended.
15.02.090 Section 304 amended.
15.02.100 Section 305.2.1 added.
15.02.110 Section 305.5 amended.
15.02.120 Section 309.3 amended.
15.02.130 Tables No. 3-A through No. 3-H deleted.
15.02.010 Adoption of Uniform Administrative Code.
There is adopted as the City's administrative code for the purpose of prescribing administrative and
enforcement provisions for certain technical codes, the Uniform Administrative Code, 1997 Edition,
promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601, including such provisions as are hereinafter added, deleted, or amended.
(Ord. 526 § 2 (B), 2000)
15.02.020 Deletions, revisions and additions to Uniform Administrative Code.
Deletions, revisions and additions to the Uniform Administrative Code, 1997 Edition, shall be as set forth in
PMC 15.02.030 through 15.02.130. (Ord. 526 § 2(B), 2000)
15.02.030 Section 102.2 amended.
Section 102.2 of the Uniform Administrative Code, 1997 Edition, is amended by adding the following
sentence to the end of the fourth paragraph:
The installation of wood shingle or shake roofing material shall be prohibited. All roof coverings shall be
fire retardant with a minimum of a Class A rating.
EXCEPTION: The installation of wood shingle or shake roofing material for re -roofing or repair which
does not exceed 25 percent of the project roof area within any 12 month period shall be allowed when
the material has a minimum Class B rating.
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(Ord. 526 § 2(B), 2000)
15.02.040 Section 102.6 amended.
Section 102.6 of the Uniform Administrative Code, 1997 Edition, is amended by adding the following:
Moving of apartment houses and dwellings. For clarification purposes, the applicable subsections of
Health and Safety Code Section 17958.9 are repeated:
17958.9 Local ordinances or regulations governing the moving of apartment houses and dwellings shall,
after July 1, 1978, permit the retention of existing materials and methods of construction so long as the
apartment house or dwelling complies with the building standards for foundation applicable to new
construction, and does not become or continue to be a substandard building.
(Ord. 526 § 2(B), 2000)
15.02.050 Section 202.11 added.
Section 202.11 of the Uniform Administrative Code, 1997 Edition, is added to read as follows:
202.11 Permit History Survey. Upon receipt of a written request from the owner of a parcel of property
for a Permit History Survey, and the payment of the fee specified in a resolution duly adopted by the City
Council, the Building Official may review City records and provide a report listing those building, plumbing,
electrical and mechanical permits that have been issued for that specific parcel of property.
(Ord. 526 § 2(B), 2000)
15.02.060 Section 204.1 amended.
Section 204.1 of the Uniform Administrative Code, 1997 Edition, is amended to read as follows:
204.1 General. In order to hear and decide appeals of orders, decisions or determinations relating to
California building codes (Title 15 of the PMC), the City Council shall serve as the Appeals Board and
Hearing Officer as described in Chapter 2.20 of the City of Poway Municipal Code. Any action deemed
to be a nuisance by the Development Services Director or designee in accordance with PMC Section
17.54.020 or Chapter 8.80 is not considered an order, decision or determination relating to building codes.
The City Council may, by resolution, form and appoint three or more individuals to an Appeals Board to
function as the Appeals Board and Hearing Officer under this Section.
(Ord. 526 § 2(B), 2000)
15.02.070 Section 206 added.
Section 206 of the Uniform Administrative Code, 1997 Edition, is added to read as follows:
Sec. 206 Public Nuisance. Any building or structure erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted, or demolished, equipped, used, occupied, or maintained contrary
to the provisions of this code shall be and the same is hereby declared to be unlawful and a public
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nuisance. The City Attorney may commence necessary proceedings for the abatement, removal and/or
enjoinment of any such public nuisance in the manner provided by law in accordance with Chapter 1.08,
1.10, 8.72 and 15.32 of the City of Poway Municipal Code. Any failure, refusal or neglect to obtain a
permit as required by Chapter 3 of this code shall be prima facie evidence of the fad that a public nuisance
has been committed in connection with the erection, construction, enlargement, alteration, repair,
movement, improvement, removal, conversion or demolition, equipment, use, occupation, or
maintenance of a building or structure erected, constructed, enlarged, altered, repaired, moved,
improved, removed, converted or demolished, used, occupied, or maintained contrary to the provisions
of this code or the technical codes.
(Ord. 526 § 2(B), 2000)
15.02.080 Section 301.1 amended.
Section 301.1 of the Uniform Administrative Code, 1997 Edition, is amended by adding the following:
Permits shall not be issued for construction on a site where the City Engineer determines that a grading
permit or public improvements are required until the City Engineer or his/her representative notifies the
Building Official in writing that the grading or public improvements work has been satisfactorily completed
to allow building permits to be issued. Permits shall not be issued if the City Engineer determines that
flooding or geologic conditions at the site may endanger the public safety or welfare.
(Ord. 526 § 2(B), 2000)
15.02.090 Section 304 amended.
Section 304 of the Uniform Administrative Code, 1997 Edition, is amended to read as follows:
SECTION 304 — FEES
304.1 General. Fees shall be assessed as set forth in a resolution duly adopted by the City Council.
304.2 Permit Fees. The fee for each permit shall be as set forth in a resolution duly adopted by the City
Council.
The determination of value or valuation under any of the provisions of these codes shall be made by the
Building Official. The value to be used in computing the building permit and building plan review fees
shall be the total value of all construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -extinguishing systems and
other permanent equipment. The permit fees for those projects subject to State energy code compliance
and/or State disabled access regulation compliance shall be as set forth in a resolution duly adopted by
the City Council.
304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee
shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall
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be 65 percent of the building permit fee shown in a resolution duly adopted by the City Council. The plan
review fees for electrical, mechanical and plumbing work shall be equal to 25 percent of the total permit
fee set forth in a resolution duly adopted by the City Council. The plan review fees for State energy code
compliance and/or State disabled access regulation compliance shall be as set forth in a resolution duly
adopted by the City Council. The plan review fees specified in this section are separate fees from the
permit fees specified in Section 304.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when
the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee
shall be charged at the rate shown in a resolution duly adopted by the City Council.
304.4 Expiration of Plan Review. Applications for which no permit is issued within one year following the
date of application shall expire by limitation and plans and other data submitted for review may thereafter
be returned to the applicant or destroyed by the Building Official. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan check fee.
304.5 Investigation Fees: Work without a Permit.
304.5.1 Investigation. Whenever work for which a permit is required by this code has been commenced
without first obtaining a permit, a special investigation shall be made before a permit may be issued for
such work.
304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be equal to the amount of the permit
fee required by this code. The minimum investigation fee shall be the same as the minimum permit fee
set forth in a resolution duly adopted by the City Council. The payment of such investigation fee shall not
exempt an applicant from compliance with all other provisions of either this code or the technical codes
nor from any penalty prescribed by law.
304.6 Fee Refunds. The Building Official may authorize refunding of a fee paid hereunder which was
erroneously paid or collected.
The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no
work has been done under a permit issued in accordance with this code.
The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid has been withdrawn or
canceled before any examination time has been expended.
The Building Official shall not authorize the refunding of any fee paid except upon written application filed
by the original permittee not later than 180 days after the date of fee payment.
304.7 Permit History Survey Fee. The fee for conducting a permit history survey of an existing structure
or facility shall be the fee as set forth in a resolution duly adopted by the City Council.
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304.8 Demolition Permit Fee. The fee for a permit to demolish a building shall be as set forth in a
resolution duly adopted by the City Council.
304.9 Fee Exceptions. The Government of the United States of America, the State of California, local
school districts proposing work exempt from building permits, the County of San Diego, and the City of
Poway shall not be required to pay any fees for filing an application for a building permit pursuant to this
code unless City plan review and inspection services are requested. If so requested, the fee schedules
adopted in a resolution by the City Council shall apply.
(Ord. 526 § 2(B), 2000)
15.02.100 Section 305.2.1 added.
Section 305.2.1 of the Uniform Administrative Code, 1997 Edition, is added to read as follows:
305.2.1 Circuit Cards. A complete schedule of circuits, showing the number and arrangement of outlets
on each circuit, shall be posted at the service equipment location prior to requesting inspection of rough
electrical wiring. Circuit cards furnished by the Building Official shall be used for this purpose. In lieu of a
circuit card, an approved wiring plan may be used.
(Ord. 526 § 2(B), 2000)
15.02.110 Section 305.5 amended.
Section 305.5 of the Uniform Administrative Code, 1997 Edition, is amended by adding a new No. 5 under
Required Building Inspections and renumbering the original No. 5 to read number 6 as follows:
5. Intermediate roofing inspection. An intermediate roofing inspection to be made when the roof covering
is approximately 50% installed to verify fastening and undedayment requirements of the roof covering
assembly.
6. Final inspection. To be made after finish grading and the building is completed and ready for
occupancy.
(Ord. 526 § 2(B), 2000)
15.02.120 Section 309.3 amended.
Section 309.3 of the Uniform Administrative Code, 1997 Edition, is amended to read as follows:
309.3 Certificate Issued. After final inspection where the Building Official has inspected the building or
structure and has found no violations of the provisions of this code or other laws which are enforced by
the Building Division, the Building Official shall indicate approval on the Inspection Record Card, and the
signed Inspection Record Card shall serve as the Certificate of Occupancy.
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(Ord. 526 § 2(B), 2000)
15.02.130 Tables No. 3-A through No. 3-H deleted.
Tables No. 3-A, No. 3-13, No. 3-C, No. 3-D, No. 3-E, No. 3-F, No. 3-G and No. 3-H of the Uniform
Administrative Code, 1997 Edition, are deleted. (Ord. 526 § 2(B), 2000)
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CHAPTER 15.03
HIERARCHY OF CODES
15.03.010. Conflicts
Notwithstanding any other provision of the PMC, in case of conflict among Titles of the PMC and codes
enumerated and adopted by reference therein, the first named Title or code below shall govern over those
following:
A. PMC Title 17 (Zoning)
B. PMC Title 13 (Public Services)
C. PMC Title 8 (Health and Safety)
D. PMC Title 15 (Buildings and Construction)
E. To the maximum extent permissible by law, all state and other uniform Codes incorporated
by reference in PMC Title 15.
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Chapter 15.32
ABATEMENT OF DANGEROUS BUILDINGS
Sections.
15.32.010 Adoption of the Uniform Code for Abatement of Dangerous Buildings.
15.32.020 Deletions, revisions and additions.
15.32.030 Section 201 amended.
15.32.040 Section 202 amended.
15.32.050 Section 204 amended.
15.32.060 Section 205 is deleted.
15.32.070 Chapter 4 amended.
15.32.010 Adoption of the Uniform Code for Abatement of Dangerous Buildings.
There is adopted and incorporated by reference herein the Uniform Code for Abatement of Dangerous
Buildings, 1997 Edition, promulgated and published by the International Code Council, including such
provisions as are hereinafter added, deleted or amended.
15.32.020 Deletions, revisions and additions.
The deletions, revisions and additions set forth in Sections 201, 202, 204, 205 and 801 and Chapters 4, 5,
6 and 7 are made to the Uniform Code for the Abatement of Dangerous Buildings.
15.32.030 Section 201 amended.
Section 201 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows
Sec. 201.
(a) Administration. The Director of Development Services or his/her designee is hereby
authorized to enforce the provisions of this code.
The Director of Development Services shall have the power to render interpretations of this
code and to adopt and enforce rules and regulations supplemental to this code as he or she may deem
necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of this code.
(b) Inspections. The health officer, the fire marshal, the building official and the Director of
Development Services or their designees are hereby authorized to make such inspections and take such
actions as may be required to enforce the provisions of this code.
"Authorized representative" shall include the officers and their designees named in Section 201(b) and their
authorized inspection personnel.
15.32.040 Section 202 amended.
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as
follows:
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Sec. 202. All buildings or portions thereof which are determined after inspection by the Director of
Development Services to be dangerous as defined in this code are hereby declared to be public nuisances
and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedure
specified in Section 401 of this code.
15.32.050 Section 204 amended.
Section 204 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as
follows:
Sec. 204. All buildings or structures within the scope of the code and all construction or work for which a
permit is required shall be subject to inspection by an Authorized Representative in accordance with and in
the manner provided by this code and Sections 110 and 1704 of the 2016 California Building Code.
15.32.060 Section 205 is deleted.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is deleted from the
code.
15.32.070 Chapter 4 amended.
Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as
follows:
CHAPTER
NOTICES AND ORDERS OF DIRECTOR OF DEVELOPMENT SERVICES
General.
Sec. 401.
(a) Commencement of Proceedings. Whenever the Director of Development Services has
inspected or cause to be inspected any building and has found and determined that such building is a
dangerous building, the Director may commence proceedings to cause the repair, vacation or demolition
of the building.
(b) Notice and Order. The Director of Development Services shall issue a notice and order
directed to the record owner of the building. If readily available, the notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon
which the building is located.
2. A statement that the Director of Development Services has found the building to be
dangerous with a brief and concise description of the conditions found to render the building dangerous
under the provisions of Section 302 of this code.
3. A statement of the action required to be taken as determined by the Director of
Development Services.
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(i) If the Director of Development Services has determined that the building or
structure must be repaired, the order shall require that all required permits be secured therefor and the
work physically commenced within such time (not to exceed 60 days from the date of the order) and
completed within such time as the Director of Development Services shall determine is reasonable under
all of the circumstances.
(ii) If the Director of Development Services has determined that the building or
structure must be vacated, the order shall require that the building or structure shall be vacated within a
time certain from the date of the order as determined by the Director of Development Services to be
reasonable.
(iii) If the Director of Development Services has determined that the building or
structure must be demolished, the order shall require that the building be vacated within such time as the
Director of Development Services shall determine is reasonable (not to exceed 60 days from the date of
the order); that all required permits be secured therefor within 60 days from the date of the order, and that
the demolition be completed within such time as the Director of Development Services shall determine is
reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also
being required) is not commenced within the time specified, the Director of Development Services:
(i) will order the building vacated and posted to prevent further occupancy until the
work is completed, and
(ii) may proceed to cause the work to be done and charge the costs thereof against
the property or its owner.
5. Statements advising.
(i) that any person having any record title or legal interest in the building may appeal
from the notice and order or any action of the Director of Development Services to the Hearing Officer in
accordance with Chapter 2.20, provided the appeal is made in writing as provided in this code and filed
with the city clerk within 10 days from the date of service of such notice and order; and
(ii) that failure to appeal will constitute a waiver of all right to an administrative hearing
and determination of the matter.
(c) Service of Notice and Order. The notice and order, and any amended or supplemental
notice and order, shall be served by mail upon the record owner or posted on the property.
(d) Method of Service. Service of the notice and order shall be made upon all persons entitled
thereto either by mailing a copy of such notice and order by first class mail, postage prepaid, to each such
person at his or her address as it appears on the last equalized assessment roll of the county or as known
to the Director of Development Services. If no address of any such person so appears or is known to the
Director of Development Services, then a copy of the notice and order shall be so mailed, addressed to
such person, at the address of the building involved in the proceedings. The failure of any such person to
receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail
in the manner herein provided shall be effective on the date of mailing.
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Recordation of Notice and Order.
Sec. 402. If compliance is not had with the order within the time specified therein, and no appeal has been
properly and timely filed, the Director of Development Services may file in the office of the county recorder
a certificate describing the property and certifying (i) that the building is a dangerous building and (ii) that
the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or
the building demolished so that it no longer exists as a dangerous building on the property described in the
certificate, the Director of Development Services shall file a new certificate with the county recorder
certifying that the building has been demolished or all required corrections have been made so that the
building is no longer dangerous, whichever is appropriate.
Repair, Vacation and Demolition.
1. In addition to any other remedy authorized by law, any building declared a dangerous building under
this code shall be made to comply with one of the following.
(i) The building shall be repaired in accordance with the current building code or other
current code applicable to the type of substandard conditions requiring repair .
(ii) The building shall be demolished; or
(iii) If the building does not constitute an immediate danger to the life, limb, property
or safety of the public it may be vacated, secured and maintained against entry.
2. If the building or structure is in such condition as to make it immediately dangerous to the
life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
Notice to Vacate.
Sec. 404. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 401(c),
be posted at or upon each exit of the building and shall be substantially the following form.
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Director of Development Services, the City of Poway
(b) Compliance. Whenever such notice is posted, the Director of Development Services shall
include a notification thereof in the notice and order issued by him or her under Subsection (b) of Section
401, reciting the emergency and specifying the conditions which necessitate the posting. No person shall
remain in or enter any building which has been so posted, except that entry may be made to repair, demolish
or remove such building under an active permit. No person shall remove or deface any such notice after it
is posted until the required repairs, demolition or removal have been completed and a Certificate of
Occupancy issued pursuant to the provisions of the Building Code.
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15.32.080 Chapter 5 amended.
Chapter 5 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
CHAPTER
APPEAL
General.
Section 50 Form of Appeal. Any person entitled to service under Section 401(c) may appeal any
notice and order or any action of the Director of Development Services under this code in accordance
with Chapter 2.20 of the Poway Municipal Code.
Effect of Failure to Appeal.
Section 502. Failure of any person to file an appeal in accordance with the provisions of Section 501 shall
constitute a waiver of that person's right to an administrative hearing and adjudication of the notice and
order, or any portion thereof.
Staying Order Under Appeal.
Section 503. Except for vacation orders made pursuant to Section 403, enforcement of any notice and order
of the Director of Development Services issued under this code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed, unless the Director of Development Services determines
that good cause exists to proceed with enforcement.
15.32.090 Chapter 6 deleted.
Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings is deleted from the code.
15.32.100 Chapter 7 amended.
Chapter 7 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Chapter 7
ENFORCEMENT OF THE ORDER OF THE DIRECTOR OF DEVELOPMENT SERVICES
Compliance.
(a) Sec. 70 General. After any order of the Director of Development Services made pursuant
to this code shall have become final, no person to whom any such order is directed shall fail, neglect or
refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a
misdemeanor.
(b) Failure to Obey Order. If, after any order of the Director of Development Services made
pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or
refuse to obey such order, the Director of Development Services may (i) cause such person to be
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prosecuted under subsection (a) of this section or (ii) institute any appropriate action to abate such building
as a public nuisance.
(c) Failure to Commence Work. Whenever the required repair or demolition is not commenced
within 30 days after any final notice and order issued under this code becomes effective.
1. The Director of Development Services may cause the building described in such notice
and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Director of Development Services, the City of Poway
2. No person shall occupy any building which has been posted as specified in this subsection.
No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered
by the Director of Development Services have been completed and a Certificate of Occupancy issued
pursuant to the provisions of the Building Code.
3. The Director of Development Services may, in addition to any other remedy herein
provided, cause the building to be repaired to the extent necessary to correct the conditions which render
the building dangerous as set forth in the notice and order; or, if the notice and order required demolition,
to cause the building to be sold and demolished or demolished and the materials, rubble and debris
therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the
cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from
the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of
cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
Extension of Time to Perform Work.
Sec. 702. Upon receipt of an application from the person required to conform to the order and an agreement
by such person that he or she will comply with the order if allowed additional time, the Director of
Development Services or designee may, in the discretion of the Director, grant an extension of time, not to
exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the
Director of Development Services determines that such an extension of time will not create or perpetuate
a situation imminently dangerous to life or property.
Interference with Repair or Demolition Work Prohibited.
Sec. 703. No person shall obstruct, impede or interfere with any officer, employee, contractor, or authorized
representative of this jurisdiction or with any person who owns or holds any estate or interest in any building
which has been ordered repaired, vacated or demolished under the provisions of this code; or with any
person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever
such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest
or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and
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repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any
necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
15.32.110 Section 801 amended.
Section 801 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
(a) Sec. 80 Procedure. When any work of repair or demolition is to be done pursuant to
Section 701(c)(3) of this code, the work shall be accomplished by personnel of this jurisdiction or by private
contract under the direction of the Director of Development Services. Plans and specifications therefor may
be prepared by the Director of Development Services, or his/her representative, or he/she may employ
such architectural and engineering assistance on a contract basis as he/she may deem reasonably
necessary. If any part of the work is to be accomplished by private contract, standard contractual
procedures shall be followed.
(b) Costs. The cost of such work may be made a special assessment or lien against the
property involved or may be made a personal obligation of the responsible person(s), whichever the
legislative body of this jurisdiction shall determine is appropriate.
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Chapter 17.54
ENFORCEMENT
Sections:
17.54.010
Enforcement by City office.
17.54.020
Actions deemed nuisance.
17.54.030
Remedies.
17.54.040 Violation — Penalty.
17.54.010 Enforcement by City office.
The City Council, the City Attorney, the City Manager, the Police Chief, the Development Services Director,
the Director of Community Services, the City Clerk, and all officials or their designees charged with the
issuance of licenses or permits, shall enforce the provisions of this title. Any permit, certificate, or license
issued in conflict with the provisions of this title shall be void.
17.54.020 Actions deemed nuisance.
All erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition,
occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of
Poway shall be in conformance with the Poway Municipal Code as determined by the Development
Services Director or their designee.—Any building or structure erected hereafter, or any use of property
contrary to the provisions of a duly approved development permit, minor development review, variance,
conditional use permit, or administrative permit, and/or this title is unlawful and a public nuisance per se
and subject -to abatement, citations and penalties in accordance with PMC Chapters 1.08, 1.10, 8.72 and
15.32.
17.54.030 Remedies.
All remedies concerning this title shall be cumulative and not exclusive. The conviction and punishment of
any person or responsible person, as defined in PMC Chapter 1.08 and 1.10 , shall not relieve such persons
from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs,
or improvements, and shall not prevent the enforced correction or removal thereof.
17.54.040 Violation — Penalty.
Any responsible person, partnership, organization, firm or corporation, whether as principal, agent,
employee or otherwise, violating any provisions of this title or violating or failing to comply with any order to
regulation made under this title, shall be guilty of a misdemeanor and/or assessed other penalties and,
upon conviction or determination thereof, shall be punishable as provided by PMC Chapters 1.08 , 1. 10,
8.72 and 15.32.
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