HomeMy WebLinkAboutORD-15-97 Non-Point Source Storm Water DischargesORDINANCE NO. ]5-
97 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE RELATING TO
NON-POINT SOURCE STORM
WATER DISCHARGES
I. PURPOSE WHEREAS, the United States Congress passed the Clean Water Act [33 USC
91251 et seq, as amended, including 9402(p) therein] as a mandate, in part, that municipal
separate storm sewer systems, such as in Orange County, obtain permits to "effectively prohibit
non-storm water discharges into the storm sewers" and "require controls to reduce the discharge of
pollutants to the maximum extent practicable." This permitting authority has been delegated by
the United States Environmental Protection Agency ("EP A") to the State of California, which
has authorized the State Water Resources Control Board and its local regulatory agencies, the
Regional Water Quality Control Boards, to control non-point source discharges to
California's waterways; and WHEREAS, the Santa Ana and San Diego Regional Water
Quality Control Boards have addressed the obligation to implement the Clean Water Act
by issuing Waste Discharge Requirements governing storm water runoff for the County of
Orange, Orange County Flood Control District and the incorporated cities of Orange County. These permits
shall be referred to collectively herein as the National Pollution Discharge Elimination
System Permit
or "NPDES Permits"; and WHEREAS, the City of Orange is participating as a "C:
o-pennittee" under the NPDES Permits in the dcvelopment and adoption of an ordinance to
accomplish the requirements of
the Clean Water Act; and WHEREAS, storm water runoff is one step in the
natural cycle of water. However,human activities, such as agriculture, construction and the operation
and maintenance of an urban infrastmcture may result in undesirable discharges of pollutants
and certain sediments, which may accumulate in local drainage channels and waterways and eventually
may be deposited in the waters
of the United States; and WHEREAS, the purpose of this Ordinance is to participate
in the improvement of water quality and comply with fedcral requirements for the control of
urban pollutants to stonn water runoff, which enters the network of
storm drains
throughout Orange County.II. RECITALS WHEREAS, the City of Orange is authorized by Article XI, 95
and 97 of the State Constitution to exercise the police power of the State by
adopting regulations promoting the public health, public
WHEREAS, thc City of Orange has determined that a legitimate local purpose is present
in complying with the provisions of the NPDES Permit; and
WHEREAS, a reduction in storm water borne pollution will promote the public health
and protect the general welfare of the locality by reducing the level of artificial and naturally
occurring constituents, which may improve the quality of the waters in this region; and
WHEREAS, the land use authority exercis(~d by the City of Orange, pursuant to
Califomia Govemment Code 965300 et seq., requires regional planning and the adoption of
policies protecting the envirorunent through the imposition of reasonable conditions on the use of
land; and
WHEREAS, this Ordinance conforms to the policies and goals of the General Plan
adopted by the City of Orange, pursuant to Califomia Planning and Zoning Law, for the protection
of the portions of watersheds located within Orange County by implementing measures to control
erosion and prevent the pollution of streams and other waters; and
WHEREAS, certain provisions of this Ordinance may be coordinated with the Local
Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public
Resources Code 930607, as mitigation for the negative effects of grading, construction, re-
construction, and changes to the intensity of use of land or water resources within the coastal zone;
and
WHEREAS, the Subdivision Map Act, Califomia Govemment Code 966411, authorizes
the City of Orange to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval; and
WHEREAS, California Constitution Article XI, 97 and Government Code 938660
authorize the City to establish appropriate conditions D)r the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property; and
WHEREAS, Goverrunent Code 938771 authorizes the City to declare as public nuisances
undesirable acts which may injure health or cause interference with the comfortable enjoyment of
life or property and to provide for the abatement of the same; and
WHEREAS, the City of Orange may commence civil actions, pursuant to Federal Clean
Water Act 9505(a), against any Person or any governmental agency acting in violation of any
condition oflhe NPDES Pern1it; and
WHEREAS, all industrial dischargers subject to the proVISIons of the State General
Industrial Storm Water Permit and General Constmction Activity Storm Water Permit (referred to
collectively herein as the "State General Permits") must comply with the lawful requirements of
the City of Orange, which regulate discharges of storm water to the storm drain system within its
jurisdiction; and
Ord.No. 15-97
WHEREAS, all industrial dischargers subject to the provisions of the State General
Permits are required to maintain Storm Water Pollution Prevention Plans on-site and make
them available to the City of Orange for inspection;
and
WHEREAS, all dischargers subject to th" provisions of the State General Construction
Activity Storm Water Permit may be required by the City of Orange, with the concurrence of the
Santa Ana or San Diego Regional Water Boards, to amend any Storm Water Pollution Prevention
Plan; and
WHEREAS, all industrial dischargers subject to the proVIsions of the State General
Industrial Storm Water Permit are required to maintain a description of the required monitoring
program on-site and make it available to the City of Orange for inspection;
and WHEREAS, the City of Orange has jurisdiction over certain storm water facilities
and other watercourses within the City of Orange, and the water discharges into these facilities may
be subject to the provisions of the State General Industrial Storm Water Permit; accordingly, the
City may celtify (but is not required to certify) in writing that regulated dischargers have developed
and implemented effective Storm Water Pollution Prevention Plans and should not be required
to collect and analyze storm water samples for pollutants;
and WHEREAS, the City of Orange has jurisdiction over certain storm water facilities
and other watercourses within the City of Orange, and these facilities may receive storm
water discharges from properties and activities regulated under the provisions of the State
General Permits, and City may request that the regulated dischargers fumish information and
records necessary to determine compliance with the State General Permits;
and WHEREAS, the City of Orange has jurisdiction over certain storm water facilities
and other watercourses within the City of Orange, and these facilities may receive storm
water discharges from properties and activities regulated under the provisions of the State
General Permits, and the City may, upon presentation of credentials and other documents required by
law,i) enter upon the discharger's premises where a regulated facility is located or where records
must be kept under the conditions of the State General Permits, (ii) access and copy, at reasonable
times,any records that must be kept under the conditions of the State General Permits, (iii) inspect,
at reasonable times, any facility or equipment related to or impacting storm water discharge, and (
iv)sample or monitor for the purpose of ensuring compliance with the State General Permits;
and WHEREAS, the enacting of this Ordinance is a condition of the NPDES Permit,
the requirements of which are exempt from the California Environmental Quality Act pursuant
to Public Resources Code 921100, et seq ("CEQA");
and WHEREAS, this Ordinance is subject to CEQA categorical exemption classes 1
through 4, 6 through 9, 2] and 22, pursuant to the CEQA Guidelines, respectively, Title 14,
Califomia Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309,
15321 and 15322;
and 3 Ord.No.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
ORDAINS AS FOLLOWS:
HI. DEFINITIONS
A. "Authorized Inspector" shall mean the City Manager [City Administrator, City Engineer,
Director of Public Works, Director of Public Facilities and Resources Department] and
persons designated by and under his/her instruction and supervision, who are assigned to
investigate compliance with, detect violations of and/or take actions pursuant to this
Ordinance.
B. "City" shall mean the City of Orange, Orange County, California.
C. "Co-Permittee" shall mean the County of Orange, the Orange County Flood
Control District, and/or anyone of the thirty-one (31) municipalities, including the
City of Orange, which are responsible for compliance with the terms of the
NPDES Permit D. "DAMP" shall mean the Orange County Drainage Area Management Plan, as
the same may be amended from time
to time.E. "Development Project Guidance" shall mean DAMP Chapter VII and
the Appendix thereto, entitled Best Management Practices for New Development
Including Non-Residential Construction Projects, as the same may be amended from time
to time.F. "Discharge" shall mean any release, spill., leak, pump, flow, escape,
leaching (including subsurfacc migration or deposition to groundwater), dumping or disposal of
any liquid,semi-solid
or solid substance.G. "Discharge Exception" shall mean the group of activities not restricted
or prohibited by this
Ordinance, including only:Discharges composed entirely of
stonn water; Discharges subjcct to regulation under cuncnt EPA
or Regional Water Quality Control Board issued NPDES
permits, State General Permits, or other waivers, permits or approvals
granted by an appropriate government agency; Discharges
from property for which best management practices set forth
in the Development Project Guidance are being
implemented and followed;Discharges to the Storm Water Drainage
System from potable water line flushing, fire fighting
activities, landscape irrigation systems, diverted stream flows, rising
groundwater, and de minimis groundwater infiltration to the
Storm Water Drainage System (from leaks in joints or connections or
cracks in water drainage pipes or conveyance
systems); Discharges from potable water sources, paSSlve
foundation drains, air Ord.
conditioning condensation and othe.r building roof runoff;
agricultural irrigation water runoff; water from crawl space
pumps, passive footing drains, lawn watering, non-
commercial vehicle washing; flows from riparian habitats and
wetlands;dechlorinated swimming pool discharges; Discharges
of reclaimed water generated by a lawfully permitted
water treatment facility; public street wash waters when related
to cleaning and maintenance by, or on behalf of, the
City;Discharges authorized pursuant to a permit issued
under Section VIIl hereof; Discharges allowable under the
Domestic Sewage Exception; Discharges for which the discharger
has reduced to the extent feasible the amount of Pollutants in
such Discharge; and Discharges authorized pursuant to federal
or state laws or
regulations.In any action taken to enforce this Ordinance, the burden shall be on the Person who is
the subject of such action to establish that a Discharge was within the scope of this
Discharge
Exception.H. "Domestic Sewage Exception" shall mean discharges which are exceptions to
this Ordinance and excluded from the definition of Prohibited Discharge, as defined
herein,including
only:Discharges composed entirely of accidental spills of
untreated sanitary wastes (commonly called domestic sewage) and
other wastes, but limited solely to wastes that are controlled by
and are within publicly owned wastewater treatment
system collection facilities immediately prior to the accidental
spilL L "Enforcing Attorney" shall mean the City Attorney or District Attomey acting as
counsel to the City of Orange and his/her desigm:e, which counsel is authorized to
take enforcement action as described herein. For purposes of criminal prosecution, only
the District Attorney [and/or City Attomey], or his/her designee, shall act as the
Enforcing
Attorney.J. "EPA" shall mean the EnvirOlilllental Protection Agency of the United
States.K. "Hearing Officer" shall mean the Director of Public Works/City Engineer, orhis/
her designee, who shall preside at the administrative hearings authorized by this
Ordinance and issue final decisions on the matters raised
therein.1. "Invoice for Costs" shall mean the actual costs and expenses of the City, including but
not limited to administrative overhead, salaries and other expenses recoverable under
State law, incurred during any Iuspection conducted pursuant to Section VI of this
Ordinance or where a Notice of Noncompliance, Administrative Compliance Order or
other 5 Ord.No.
enforcement option under Section VII of this Ordinance is utilized to obtain compliance
with this Ordinance.
M. "Illicit Connection" shall mean any man-made conveyance or drainage system,
pipeline,conduit, inlet or outlet through which the Discharge of any Pollutant to the Storm
Water Drainage System occurs or may occur. The term Illicit Connection shall not
include Legal Nonconforming Connections or cormections to the Storm Water Drainage
System that are hereinafter allthorized by the agency with jurisdiction over the system at
the location at which the connection is
made.N. "Legal Nonconforming Connection" shall mean connections to the Storm Water
Drainage System existing as of the adoption of this Ordinance that were in compliance with
all federal, state and local rules, regulations, statutes and administrative requirements
in effect at the time the connection was established, including but not limited to
any discharge permitted pursuant to the terms and conditions of an individual
discharge permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No.
703.O. "New Development" shall mean all public and private residential (whether single
family,multi-unit or planned uuit development), industrial, commercial, retail, and
other non-residential construction projects, or grading for future construction, for which
either a discretionary land use approval, grading pennit, building permit
or Non-residential Plumbing
Permit is required.P. "Non-residential Plumbing Permit" shall mean a
plumbing pemlit authorizing the construction and/or installation of facilities for the conveyance of
liquids other than storm water, potable water, reclaimed
water or domestic sewage.Q. "NPDES Permit" shall mean the currently applicable municipal
discharge permit[s] issued by the Regional Water Quality Control Board, Santa Ana
Region, which permit[s]establishes waste discharge requirements applicable to storm water
runoff in the City.R. "Person" shall mean any natural person as well
as any corporation, partnership,govemment entity or subdivision, trust, estate,
cooperative association, joint venture,business entity, or other similar entity, or the agent, employee or
representative of
any of the above.S. "Pollutant" shall mean any liquid, solid or semi-
solid substances, or combination thereof,
including and not limited to:1. Artificial materials (such as floatable
plastics,
wood products or metal shavings);2.Household waste (such as trash, paper,
and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and
fluids from vehicles, lawn mowers
and other common household
3. Metals and non-metals, including compounds of metals and non-metals, (
such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide,
phosphorus and arsenic), with characteristics which cause an adverse effect on
living organisms;4. Petroleum and related hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants
and grease);5. Animal wastes (such as Discharge from confinement facilities, kennels,
pens and recreational facilities, including, stables, show facilities, or
polo fields);6. Substances having a pH less than 6.5 or greater than 8.6, or
unusual coloration,turbidity
or odor;7. Waste materials and wastewater generated on construction sites
and by construction activities (such as painting and staining; use of sealants
and glues;use of lime; use of wood preservatives and solvents; disturbance
of asbestos fibers, paint flakes or stucco fragments; application of oils,
lubricants, hydraulic,radiator or battery fluids; construction equipment washing; concrete
pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting;
use of chemical degreasing or diluting agents; and use of super chlorinated
water for potable water
line flushing);8. Materials causing an increase in biochemical oxygen demand,
chemical oxygen demand or total
organic carbon;9. Materials which contain base/neutral or acid extractable
organic compounds;10. Those Pollutants defined in 91362(6) of the Federal Clean Water
Act; and II. Any other constituent or material, including but not limited
to pesticides,herbicides, fertilizers, fecal coliform, fecal streptococcus or
enterococcus, or eroded soils, sediment and particulate materials, in quantities that
will interfere with or adversely affect the beneficial uses of the receiving waters, flora
or fauna of
the State.T. "Prohibited Diseharge" shall mean any Discharge which contains any
Pollutant, from public or private property to (i) the Storm Watc:r Drainage System; (ii) any
upstream flow,which is tributary to the Storm Water Drainage System; (iii) any
groundwater, river,stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough,
or (iv)any coastal harbor, bay, or the Pacific Ocean. The telID Prohibited Discharge
shall not include Discharges allowable under the
Discharge Exception.U. "Significant Redevelopment" shall mean the rehabilitation or reconstlUction of
public or private residential (whether single family, multi-unit or
planned unit development),industrial, commercial, retail, or other non-residential structures,
for which either a
discretionary land use approval, grading permit, building permit or Non-
residential Plumbing Permit is
required.V. "State General Permit" shall mean either the State General Industrial Storm Water
Permit or the State General Construction Pemlit and the terms and requirements of either or
both.In the event the U.S. Environmental Protection Agency revokes the in-
lieu permitting authority of the State Water Resources Control Board, then the term State
General Permit shall also refer to any EPA administered storm water control program for
industrial and
construction activitics.W. "Storm Water Drainage System" shall m"an street gutter, channel,
storm drain,constructed drain, lined diversion structure, wash area, inlet, outlet or other
facility, which is a part of or tributary to the County-wid" storm water runoff
system and owned,operated, maintained or controlled by County of Orange, the
Orange County Flood Control District or any Co-Permittee City, and used for the
purpose of collecting, storing,transporting, or
disposing of storm water.
IV. PROHIBITION ON ILLICIT
CONNECTIONS AND PROHIBITED DISCHARGES
A No Person shall:I. Construct, maintain, operate and/or
utilize any Illicit Connection.2. Cause, allow or
facilitate any Prohibited Discharge.3. Act, cause, permit or suffer any agent, employee,
or independent contractor, to construct, maintain, operate or utilize any Illicit Connection,
or cause, allow or
facilitate any Prohibited Discharge.B. The prohibition against Illicit Connections shall apply irrespective
of whether the Illicit Connection was established prior to the date of enactment
of this Ordinance; however,Legal Nonconforming Connections shall not become Illicit
Connections until the
earlier of the following:L For all structural improvements to property installed
for the purpose of Discharge to the Storm Water Drainage System, the expiration
of five (5) years from the
adoption of this Ordinance.2.For all non structural improvements to property eXlstmg
for the purpose of Discharge to the Storm Water Drainage System, the expiration
of six (6) months following delivery of a notice to the owner or occupant
of the property, which states a Legal Nonconforming Connection has been identified.
The notice of a Legal Nonconforming Connection shall state the date of
expiration of
use under this Ordinance.
A reasonable extension of use may be authorized by the Director of Public Works/City
Engineer, or his/hcr designee, upon consideration of the following factors:
1. The potential adverse effects of the continued use of the connection upon the
beneficial uses ofreceiving waters;
2. The economic investment of the discharger m the legal Nonconforming
Connection; and
3. The financial effect upon the discharger of a termination of the Legal
Nonconfoffilaing Connection.
C. A civil or administrative violation of Section IV.A. shall occur irrespective of the
negligence or intent of the violator to construct maintain, operate or utilize an Illicit
Connection or to cause, allow or facilitate any Prohibited Discharge.
D. If an Authorized Inspector reasonably determines that a Discharge, which is otherwise
within the Discharge Exception, may adversely affect the beneficial uses of receiving
waters, then the Authorized Inspector may give written notice to the owner of the property
or facility that the Discharge Exception shall not apply to the subject Discharge following
expiration of the thirty (30) day period commencing upon delivery of the notice. Upon
expiration of the thirty (30) day period any such Discharge shall constitute a violation of
Section IV.A.
E. If a request for an extension of use is denied, the owner or occupant of property on which
a Legal Nonconforming Connection exists may request an administrative hearing,
pursuant to the procedures set forth in Sections VILA.6-1O. for an extension of the
period allowed for continued use of the
connection.V. CONTROL OF URBAN
RUNOFF A. New Development and Significant
Redevelopment.I. All New Development and Significant Redevelopment within the City of
Orange shall be undertaken in accordance
with:i) The DAMP, including but not limited to the Development
Project Guidance;
and ii) Any conditions and requirements established by the
planning department, engineering department or building department, which
are reasonably related to the reduction or elimination of Pollutants
in storm water runoff from the: project
site.9 Ord.No.
2. Prior to the issuance by the City of a grading permit, building permit or Non-
residential Plumbing Permit for any New Development or Significant
Redevelopment, Public Works Department shall review the project plans and
impose terms, conditions and requirements on the project in accordance with
Section V.A.!. If the New Development or Significant Redevelopment will be
approved without application for a grading permit, building permit or Non-
residential Plumbing Permit, the planning agency [planning department,
engineering department, or building department] shall review the project plans
and impose terms, conditions and requirements on the project in accordance with
Section V.A.I. prior to the issuance of a discretionary land use approval or, at the
City's [County's] discretion, prior to recordation ofa subdivision map.
3. Notwithstanding the foregoing Sections V.A.I. and V.A.2., compliance with the
Development Project Guidance shall not be required for construction of a (one)
single family detached residence unless the City Public Works Department
determines that the construction may result in the Discharge of significant levels
of a Pollutant into a tributary to the Storm Water Drainage System.
4. Compliance with the conditions and n~quirements of the DAMP shall not exempt
any Person from the requirement to independently comply with each provision of
this Ordinancc.
5. If the City Public Works Department determines that the project will have a de
minimis impact on the quality of storm water runoff, then it may issue a written
waiver of the requirement for compliance with the provisions of the
Development Project Guidance.
6. The owner of a New Development or Significant Redevelopment project, or
upon transfer of the property, its successors and assigns, shall implement and
adhere to the terms, conditions and requirements imposed pursuant to Section
V.A.!. on a New Development or Significant Redevelopment project.
i) Each failure by the owner of the property or its successors or assigns,
to implement and adhere to the terms, conditions and requirements
imposed pursuant to Section V.A.I. on a New Development or
Significant Redevelopment project shall constitute a violation of this
Ordinance.
7.The City Public Works Department may require that the terms, conditions and
requirements imposed pursuant to Section V.A.!. be recorded with the County
Recorder's office by the property owner. The signature of the owner of the
property or any successive owner shall be sufficient for the recording of these
terms, conditions and requirements and a signature on behalf of the City [County
of Orange] shall not be required for recordation.
Ord.No. 15-97
B.Cost Recovery.
The City shall be reimbursed by the project applicant for all costs and expenses incurred
by the Public Works Department in the review of New Development or Significant
Development projects for compliance with the DAMP. The City Public Works
Department may elect to require a deposit of estimated costs and expenses, and the actual
costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to
the project applicant.
c.Litter ControL
Applicable to Public and Private Property]
No Person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a
residence, business or other location), upon any public or private property, whether
occupied, open or vacant, including but not limited to any street, sidewalk, alley, light-
of-way, open area or point of entry to the Stonn Water Drainage
System.Every Person occupying or having charge and control of property on which a
prohibited disposal of waste materials occurs shall cause the proper collection and disposal of
same.A prohibited disposal of waste materials creates a danger to public health, safety
and welfare, and otherwise threatens the environment, surface waters and
groundwater;therefore, any owner or occupant of property who fails to remove waste material within
a reasonable time may be charged with creating a nuisance upon the
property.Applicable to Public Property
Only]No Person shall discard any waste material, including but not limited to
common household rubbish or garbage of any kind (whether generated or accumulated at
a residence, business or other location), upon any public property, whether occupied,
open or vacant, including but not limited to any street, sidewalk, alley, right-of-
way, open area or point of entry to the Storm
Water Drainage
System.VI. INSPECTIONS
A Scope ofInspections.1. Right to Inspect. Prior to commencing any
inspection as hereinbelow authorized, the Authorized Inspector shall obtain either the consent
of the owner or occupant of the property or shall obtain an
administrative inspection warrant or
criminal search warrant.11
2.
3.
4.
5.
6.
Ord.No. 15-
97 Entry to Inspect. The Authorized Inspector may enter property to investigate
the source of any Discharge to any public street, inlet, gutter, storm drain or
the Storm Water Drainage System located within the jurisdiction of the City
of
Orange.Compliance Assessments. The Authorized Inspector may inspect property
for the purpose of verifying compliance with this Ordinance. including but
not limited to (i) identifying products produced, processes conducted,
chemicals llsed and materials stored on or contained within the prope11y, (ii)
identifying point(s) of discharge of all wastewater, process water systems and
Pollutants,iii) investigating the natural slope at the location, including drainage
pattems and man-made conveyance systems, (iv) establishing the location of all
points of discharge from the property, whether by surface runoff or through a
storm drain system, (v) locating any Illicit Connection or the source of
Prohibited Discharge,vi) evaluating compliance with any permit issued pursuant to
Section VIII hereof, and (vii) investigating the condition of any
Legal
Nonconfonning Connection.Portable Equipment. For purposes of verifying compliance with
this Ordinance,the Authorized Inspector may inspect any vehicle, truck, trailer, tank
truck or other
mobile equipment.Records Review. The Authorized Inspector may inspect all records of
the owner or occupant of property relating to chemicals or processes
presently or previously occurring on-site, including material and/
or chemical inventories,facilities maps or schematics and diagrams, Material
Safety Data Sheets,hazardous waste manifests, busincss plans, pollution
prevention plans, State General Permits, Storm Water Pollution Prevention
Plans, Monitoring Program Plans and any other record(s) relating to
Illicit Connections, Prohibited Discharges, a Legal Nonconforming Connection or any
other source of contribution or potential contribution of Pollutants to the
Storm
Water Drainage System.Sample & Test. The Authorized Inspector may inspect, sample and
test any area runoff, soils area (including groundwater testing),
process discharge, materials within any waste storage area (including any container
contents), and/or treatmcnt system Discharge for the purpose of determining
the potential for contribution of pollutants to the Stoml Water Drainage
System. The Authorized Inspector may investigate the integrity of all storm drain
and sanitary sewer systems, any Legal Nonconforming Connection or other
pipelines on the property using appropriate tests, including but not limited to smoke
and dye tests or video surveys. The Authorized Inspector may take photographs
or video tape,make measurements or drawings, and create any
other record reasonably necessary to document conditions
on
7. Monitoring. The Authorized Inspector may erect and maintain monitoring
devices for the purpose of measuring any Discharge or potential source of
Discharge to the Storm Water Drainage System.
8.Test Results. The owner or occupant of property subject to inspection shall, on
submission of a written request, receive copies of all monitoring and test results
conducted by the Authorized Inspector.
VII. ENI<'ORCEMENT
A. Administrative Remedies.
I. Notice of Noncompliance. The Authorized Inspector may deliver to the owner
or occupant of any property, or to any Person responsible for an Illicit
Connection or Prohibited Discharge a Notice of Noncompliance. The Notice of
Noncompliance shall be delivered in accordance with Section VILA.5. of this
Ordinance.
i) The Notice of Noncompliance shall identify the provision(s) of this
Ordinance or the applicable permit which has been violated. The
Notice of Noncompliance shall state that continued noncompliance
may result in additional enforcement actions against the owner,
occupant and/or Person.
ii) The Notice of Noncompliance shall state a compliance date that must
be met by the owner, occup~mt and/or Person; provided, however,
that the compliance date may not exceed ninety (90) days unless the
Authorized Inspector extends the compliance deadline an additional
ninety (90) days where good cause exists for the extension.
2. Administrative Compliance Orders.
i)The Authorized Inspector may issue an Administrative Compliance
Order. The Administrative Compliance Order shall be delivered in
accordance with Section VILA.S. of this Ordinance. The
Administrative Compliance Order may be issued to:
a) The owner or occupant of any property requiring abatement
of conditions on the property that cause or may cause a
Prohibited Discharge or an Illicit Connection in violation of
this Ordinance;
b) The owner of property subject to telms, conditions or
requirements imposed on a project in accordance with
13 Ord.No. 15-
Section V.A.l. to <ensure adherence to those terms, conditions
and requirements.
c) A permittee subj eet to the requirements of any permit issued
pursuant to Section VIII hereof to ensure compliance with the
terms, conditions lmd requirements of the permit.
d) Any Person responsible for an Illicit Connection or
Prohibited Discharge.
ii) The Administrative Compliance Order may include the following
terms and requirements:
a) Specific steps and time schedules for compliance as
reasonably necessary to eliminate an existing Prohibited
Discharge or to prevent the imminent threat of a Prohibited
Discharge, including but not limited to a Prohibited
Discharge from any pond, pit, well, surface impoundment,
holding or storage area;
b) Specific steps and time schedules for compliance as
reasonably necessary to discontinue any Illicit Connection;
c) Specific requirements for containment, cleanup, removal,
storage, installation of overhead covering, or proper disposal
of any Pollutant having the potential to contact storm water
runoff;
d) Any other terms or requirements reasonably calculated to
prevent the imminent threat of or continuing violations of this
Ordinance, including, but not limited to requirements for
compliance with best management practices guidance
documents promulgated by any federal, State of California or
regional agency;
e) Any other terms or requirements reasonably calculated to
achieve full compliance with the terms, conditions and
requirements of any permit issued pursuant hereto.
3. Cease and Desist Orders.
i)The Authorized Inspector may issue a Cease and Desist Order. A
Cease and Desist Order shall bc delivered in accordance with Section
VILA.5. of this Ordinance. A Ccase and Desist Order may direct the
owner or occupant of any property and/or other Person responsible for
Ord.No. 15-97
a violation of this Ordinance to:
a) Immediately discontinue any Illicit Connection or Prohibited
Discharge to the Storm Water Drainage System;
b) Immediately contain or divert any flow of water off the
property, where the flow is occurring in violation of any
provision of this Ordinance;
c) Immediately discontinue any other violation of this
Ordinance;
d) Clean up the area affected by the violation.
ii) The Authorized Inspector may direct by Cease and Desist Order that
1) the owner of any property, or his successor-in-
interest, which property is subject to any conditions or requirements
issued pursuant to Section V.AI or (2) ,my permittee under any
permit issued pursuant to Section
VIlI hereof:a) Immediately cease any activity not in compliance
with the conditions or requirements issued pursuant to Section
V.AI,or the terms, conditions and requirements of
the
applicable permit 4. Recovery of Costs. The Authorized Inspector may deliver to the
owner or occupant of any property, any pemlittee or any other Person
who becomes subject to a notice of noncompliance or administrative order, an
Invoice for Costs. An Invoice for Costs shall be delivered in accordance
with Section VILAS of this Ordinance. An Invoice for Costs shall be immediately
due and payable to the City for the actual costs incurred by the City in
issuing and enforcing any notice
or order.i)If any owner or occupant, permittee or any other Person subject
to an invoice for costs fails to either pay the Invoice for Costs
or appeal sllccessfully the Invoice for Costs in accord:mce
with Section VII.AG., then thc Enforcing Attorney may
institute
collection proceedings.5. Delivery of Notice. Any Notice of Noncompliance,
Administrative Compliance Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant
to the requirements of this Ordinance shall be subject to
the following:t5 Ord.
6.
7.
8.
Ord.No. 15-
97 i) The notice shall state that the recipient has a right to appeal the
matter as set forth in Sections VII.A.6. through Section VILA.] O. of
this
Ordinance.ii) Delivery shall be deemed complete upon (a) personal service to
the recipient; (b) deposit in the U.S. mail, postage pre-paid for
first class delivery; or (c) facsimile service with
confirmation ofreceipt.iii) Where the recipient of notice is the owner of the property,
the address for notice shall be the address from the most recently
issued equalized assessment roll for the property or as otherwise appears in
thc current records of
the City.iv) Where the owner or occupant of any property cannot be
located after the reasonable efforts of the Authorized Inspector, a
Notice of Noncompliance or Cease and Desist Order shall be
deemed delivered after posting on the property for a period of ten (10)
business days.Administrative Hearing for Notices of
Noncompliance. Administrative Compliance Orders. Invoices for Costs and Adverse Determinations.
Except as set forth in Paragraph 8, any Person receiving a Notice
of Noncompliance,Administrative Compliance Order, a notice of
Legal Nonconforming Connection, an Invoice for Costs, or ,my Person who is subject to
any adverse determination made pursuant to this Ordinance, may appeal the
matter by requesting an administrative hearing. Notwithstanding the
foregoing, these administrative appeal procedures shalI not apply to criminal
proceedings initiated to enforce
this Ordinance.Request for Administrative Hearing. Any person appealing a
Notice of Noncompliance, an Administrative Compliance Order, a notice
of Legal Nonconforming Connection, an Invoice for Costs or an
adverse determination shall, within thirty (30) days of receipt thereof, file a written request
for an administrative hearing, accompanied by an administrative hearing
fee as cstablished by separate resolution, with the Office of the City Clerk, with
a copy of the request for administrative hearing mailed on the date of filing
to the Director of Public Works/City Engi:neer, or his/her designee.
Thereafter, a hearing on the matter shall be held before the Hearing Officer
within forty-five 45) business days of the date of filing of the written request
unless, in the reasonable discretion of the Hearing Officer and pursuant to a
written request by the appealing party, a continuance of the
hearing is granted.Administrative Hearing for Cease and Desist Orders
and Emergency Abatement Actions. An administrative hearing on the issuance of a Cease
and Desist Order or following an emergency abatement action shall be held
within five (5)business days following the issuance of the order or the
action
unless the hearing (or the time requirement for the hearing) is waived in writing
by the party subject to the Cease and Desist Order or the emergency abatement.
request for an administrative hearing shall not be required from the Person
subject to the Cease and Desist Order or the emergency abatement action.
9. Hearing Proceedings. The Authorized Inspector shall appear in support of the
notice, order, determination, Invoice for Costs or emergency abatement action,
and the appealing party shall appear in support of withdrawal of the notice,
order, determination, Invoice for Costs, or in opposition to the emergency
abatement action. Except as set forth in Section III G (definition of a Discharge
Exccptioll). Thc City shall have the burden of supporting any enforcement or
other action by a preponderance of the evidence. Each party shall have the right
to present tcstimony and other docmnentary evidence as necessary for
explanation of the case.
10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue
within ten (10) business days of the conclusion of the hearing and shall be
delivered by first-class mail, postage prepaid, to the appealing party. The
final decision shall include notice that any legal challenge to the final decision shall
be made pursuant to the provisions of Code of Civil Procedure 99 1094.5
and 1094.6 and shall be commcnceu within ninety (90) days following issuance
of the tinal decision. [The administrative hearing fee paid by a prevailing party
in an appeal shall bc
refunded.]i) Notwithstanding this Section 10, the final decision of the
Hearing Officer in any preceding determining the validity of a Cease
and Desist Order or following an emergency abatement action shall
be mailed within five (5) business days following the conclusion of
the
hearing.11.City Abatement. In the event th,: owner of property, the operator of a facility,
a permittee or any other Person fails to comply with any provision of a
compliance schedule issued to such owner, operator, permittee or Person pursuant to
this Ordinance, the Authorized Inspector may request the Enforcing Attorney
to obtain an abatement warrant or other appropriate judicial authorization to
enter the property, abate the condition and restore the area. Any costs incurred by
the City in obtaining and carrying out an abatement warrant or other
judicial authorization may be recovered pursuant to Section VII.
BA.B.
Nuisance.Any condition in violation of the prohibitions of this Ordinance, including but not
limited to the maintenance or use of any Illicit Connection or the occurrence of any
Prohibited Discharge, shall constitute a threat to the public health, safety and welfare, and is
declared and deemed a nuisance pursuant to Government Code
938771.17 Ord.No.
I. Court Order to Enioin or Abatement At the request of the Director of Public
Works/City Engineer, or his/her designee, the Enforcing Attorney may seek a
court order to enjoin and/or abate the nuisance.
2. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or
abate a nuisance or threatened nuisance, the Director of Public Works/City
Engineer, or his/her designee, shall provide notice of the proposed injunction or
abatement to the owner and occupant, if any, of the property where the nuisance
or threatened nuisance is occurring.
3. Emer~ency Abatement In the event the nuisance constitutes an imminent
danger to public safety or the environment, the Director of Public Works/City
Engineer, or his/her designee, may enter the property from which the nuisance
emanates, abate the nuisance and restore any property affected by the nuisance.
To the extent reasonably practicable, infonnal notice shall be provided to the
owner or occupant prior to abatement If necessary to protect the public safety or
the environment, abatement may proceed without prior notice to or consent from
the owner or occupant thereof and without judicial warrant
i) An imminent danger shall include, but is not limited to, exigent
circumstances created by the dispersal of Pollutants, where the same
presents a significant and immediate threat to the public safety or the
environment
ii) Notwithstanding the authority of the City to conduct an emergency
abatement action, an administrative hearing pursuant to Section
VII.A.8. hereinabove shall follow the abatement action.
4. Reimbursement of Costs. All costs incurred by the City in responding to any
nuisance, all administrative expenses and all other expenses recoverable under
State law, shall be recoverable from the Person(s) creating, causing, committing,
permitting or maintaining the nuisance.
5. Nuisance Lien. All costs shall become a lien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in
accordance with Government Code (/38773.1 and 938773.5. The owner of
record of the property subject to any lien shall be given notice of the lien prior to
recording as required by Government Code (/38773.1.
i)At the direction of the Director of Public Works/City Engineer, or
his/her designee, the EnDJrcing Attorney is authorized to collect
nuisance abatement costs or enforce a nuisance lien in an action
brought for a money judgment or by delivery to the County Assessor
Ord.No. t5-97
of a special assessment against the property in accord with the
conditions and requirements of Government Code 938773.5.
C. Criminal Sanctions.
L Prosecutor. The Enforcing Attorney may act on the request of the Director of
Public Works/City Engineer, or his/her designee to pursue enforcement actions
in accordance with the provisions of this Ordinance.
2. Infractions. Any Person who may otherwise be charged with a misdemeanor
under this Ordinance may be charged, at the discretion of the Enforcing
Attorney, with an infraction punishable by a fine of not more than $100 for a
first violation, $200 for a second violation, and a fine not exceeding $500 for
each additional violation occurring within one year.
3. Misdemeanors. Any Person who negligently or knowingly violates any
provision of this Ordinance, undertakes to conceal any violation of this
Ordinance, continues any violation of this Ordinance after notice thereof, or
violates the terms, conditions and requirements of any permit issued pursuant to
this Ordinance, shall be guilty of a misdemeanor punishable by a fine of not
more than $1000 or by imprisonment for a period of not more than six months,
or both.
D. Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a
separate provision of this Ordinance, an Administrative Compliance Order, a Cease and
Desist Order or a permit issued pursuant to this Ordinance, shall constitute a separate
violation of this Ordinance punishable by fines or sentences issued in accordance
herewith.
E.Non-exclusive
Remedies.Each and every remedy available for the enforcement of this Ordinance shall be
non-exclusive and it is within the discretion of the Authorized Inspector or Enforcing
Attomey to seek cumulative remedies, except that multiple monetary fines or penalties shall not
be available for any single violation of this
Ordinance.F.
Citations.Pursuant to Penal Code 9836.5, the Authorized Inspector shall have the authority to
cause the arrest of any Person committing a violation of this Ordinance. The Person shall
be released and issued a citation to appear before a magistrate in accordance with Penal
Code 9853.5, 9853.6, and 9853.9, unless the Person demands to be taken before a
magistratc.19 Ord.No.
Following issuance of any citation the Authorized Inspector shall refer the matter to the
Enforcing Attorney.
Each citation to appear shall state the name and address of the violator, the provisions of
this Ordinance violated, and the time and place of appearance before the court, which
shall be at least ten (10) business days after the date of violation. The Person cited shall
sign the citation giving his or her written promise to appear as stated therein. If the
Person cited fails to appear, the Enforcing Attomey may request issuance of a warrant for
the arrest of the Person cited.
G. Violations of Other Laws.
Any Person acting in violation of this Ordinance also may be acting in violation of the
Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may
be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney
is authorized to file a citizen suit pursuant to Federal Clean Water Act g505(a),
seeking penalties, damages, and orders compelling compliance, and other appropriate relief.
The Enforcing Attorney may notify EP A Region IX, the Santa Ana or San Diego
Regional Watcr Quality Control Boards, or any other appropriate state or local agency, of
any alleged violation of this
Ordinance.H.
Iniunctions.At the request of the Director of Public Works/City Engineer, orhis/her designee,
the Enforcing Attomey may cause the filing in a court of competent jurisdiction, of a
civil action seeking an injunction against any threatened or continuing noncompliance with
the provisions of this
Ordinance.L Order for Reimbursement. Any temporary, preliminary or permanent
injunction issued pursuant hereto may include an order for reimbursement to the City of
all costs incurred in enforcing this Ordinance, including costs of
inspection,investigation and monitoring, the costs of abatement undertaken at the
expense of the City, costs relating to restoration of the environment and all
other expenses as authorized by
law.L Other Civil
Remedies.L The Director of Public Works/City Engineer, or his/her designee, may cause
the Enforcing Attorney to file an action for civil damages in a court of
competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of
the Ordinance, including but not limited to costs relating to investigation,
sampling,monitoring. inspection, administrative expenses, all other expenses
as authorized by law, and consequential damages, (ii) all costs incurred
in mitigating harm to the environment or reducing the threat to human health,
and iii) damages for irreparable hann to the
environment.Ord.No. t5-
2. The Enforcing Attorney is authorized to file actions for civi I damages resulting
from any trespass or nuisance occurring on public land or to the Storm Water
Drainage System from any violation of this Ordinance where the same has
caused damage, contamination or halm to the environment, public property or
the Storm Water Drainage System.
3. The remedies available to the City pursuant to the provisions of this Ordinance
shall not limit the right of the City to seek any other remedy that may be
available by law.
VIII. PERMITS
A. Discharge Permit Procedure.
I. Permit. On application of the owner of property or the operator of any facility,
which property or facility is not otherwise subject to the requirements of a State
General Permit or a National Pollution Discharge Elimination System Permit
regulating storm water discharges, the Director of Public Works/City Engineer,
or his/her designee, may issue a permit authorizing the release of non-
storm water Discharges to the Storm Water Drainage System
if:i) The Discharge of material or constituents is reasonably necessary
for the conduct of otherwise legal activities on the property;
and ii) The Discharge will not cause a nuisance, impair the beneficial uses
of receiving waters, or cause any reduction in established water
quality
standards.2. Application. The applicant shall provide all information requested by
the Director of Public Works/City Engineer, or his/her designee, for review
and consideration of the application, including but not limited to specific detail as
to the activities to be conducted on the property, plans and specifications
for facilities located on the property, identification of equipment or processes to
be used on-site and other information as may be requested in order to
determine the constituents, and quantities ther<:of, which may be discharged if
permission
is granted.3. Permit Issuance. The permit shall be granted or denied by the Director
of Public Works/City Engineer, or his/her designee, no later than sixty (60)
business days following the completion and acceptance of the application as determined
by the Director of Public Works/City Engineer, or his/
her designee.i) The applicant shall be notified in Person or by first-
class mail, postage prepaid, of
the action taken.21
4. Permit Conditions. The pernlit may include terms, conditions and requirements
to ensure compliance with the objectives of this Ordinance and as necessary to
protect the receiving waters, including but not limited to:
i) Identification of the Discharge location on the property and the
location at which the Discharge will enter the Storm Water Drainage
System;
ii) Identification of the constituents and quanhtles thereof to be
discharged into the Storm Water Drainage System;
iii) Specification of pollution prevention techniques and structural or non-
structural control requirements as reasonably necessary to prevent the
occurrence of potential Discharges in violation of this Ordinance;
iv) Requirements for self-monitoring of any
Discharge;v) Requirements for submission of documents or data, such as
technical reports, production data, Discharge rep0l1s, self-monitoring reports
and waste
manifests; and vi) Other terms and conditions appropriate to ensure compliance
with the provisions of this Ordinance and the protection of
receiving waters,including requirements for compliance with
best management practices guidance documents approved by any federal,
State of California or
regional agency.5. General Permit. In the discretion of the Director of Public Works/City
Engineer, or his/her designee, the permit may. in accordance with the conditions
identified in Section VIII.A.4. hereinabove, be prepared as a general permit applicable to
a specific category of activities. If a general pennit is issued, any Person intending
to Discharge within the scope of the authorization provided by the general permit may do
so by filing an application to Discharge with the Director of Public Works/
City Engineer,or his/her designee. No Discharge within the scope of the general permit
shall occur until such application is
so filed.i)Notwithstanding the foregoing in this subsection 5, the
Director of Public Works/City Engineer, or hislher designee, in
his discretion,may eliminate the requirement that an application for a
general permit be filed for any specific activity for which a general permit
has
been issued.Ord.No.
6. Permit Fees. The permission to Discharge shall be conditioned upon the applicant's
payment of the City's costs, in accordance with a fee schedule adopted by separate
resolution, as follows:
i)For individually issued permits, the costs of reviewing the permit
application, preparing and issuing the permit, and the costs reasonably
related to administrating this permit program.
ii) For general permits, the costs of reviewing the permit application, that
portion of the costs of preparing the general permit which is
reasonably attributable to the permittee's application for the general
permit, and the costs reasonably related to administering the general
permit program. Notwithstanding the foregoing, no permit fee shall
be charged for a general permit issued pursuant to Section VII.A.5.(i).
B. Permit Suspension. Revocation or Modification.
L The Director of Public Works/City Engineer, or his/her designee, may suspend
or revoke any permit when it is detemlined that:
i) The permittee has violated any term, condition or requirement of the
permit or any applicable provision of this Ordinance; or
ii) The perinittee's Discharge or the circumstances under which the
Discharge occurs have changed so that it is no longer appropriate to
except the Discharge from the prohibitions on Prohibited Discharge
contained within this Ordinance; or
iii) The permittee fails to comply with any schedule for compliance issued
pursuant to this Ordinance; or
iv) Any regulatory agency, including EPA or a Regional Water Quality
Control Board having jurisdiction over the Discharge, notifies the City
that the Discharge should be terminated.
2. The Director of Public Works/City Engineer, or his/her designee, may modify
any permit when it is determined that:
i) Federal or state law requirements have changed III a manner that
necessitates a change in the permit; or
ii) The permittee's Discharge or the circumstances under which the
Discharge occurs have changed so that it is appropriate to modify the
permit's terms, conditions or requirements; or
23 Ord.No. 15-
iii) A change to the permit is necessary to ensure compliance with the
objectives of this Ordinance or to protect the quality of receiving
waters.
The permittee, or in the case of a general permit, each Person who has filed an
application pursuant to Section VIlLA.5., shall be informed of any change in the
permit terms and conditions at least sixty (60) days prior to the effective date of
the modified permit. In the case of a general permit issued pursuant to Section
VITI.A.5.(i), any change in the permit terms and conditions shall be published in
newspaper or general circulation within the City (County) at least sixty (60) days
prior to the effective date of the modified permit.
3. The determination that a pemlit shall be denied, suspended, revoked or modified
may be appealed by a permittee pursuant to the same procedures applicable to
appeal of an Administrative Compliance Order hereunder. In the absence of a
judicial order to the contrary, the permittee may continue to Discharge pending
issuance of the final administrative decision by the Hearing Officer.
C. Permit Enforcement.
1. Penalties. Auy violation of the terms, conditions and requirements of any permit
issued by the Director of Public Works/City Engineer, or his/her designee, shall
constitute a violation of this Ordinance and subject the violator to the administrative,
civil and criminal remedies available under this Ordinance.
D. Compliance with the terms, conditions and requirements of a permit issued pursuant to
this Ordinance shall not relieve tlle permittee from compliance with all federal, state and
local laws, regulations and permit requirements, applicable to the activity for which the
permit is issued.
I. Limited Permittee Rights. Permits issued under this Ordinance are for the Person or
entity identified therein as the "Permittee" only, and authorize the specific operation
at the specific location identified in the permit. The issuance of a Permit does not vest
the permittee with a continuing right to Discharge.
2. Transfer of Permits. No permit issued to any Person may be transferred to allow:
i)A Discharge to the Storm Water Drainage System at a location other
than the location stated in the original permit; or
ii)A Discharge by a Person other than the Person named in the permit,
provided however, that the City may approve a transfer if written
approval is obtained, in advance, from the Director of Public
Works/City Engineer, or his/her designee.
Ord.No. 15-97
IX. INTERAGENCY COOPERATION
A. The City intends to cooperate with other agencies with jurisdiction over storm water
discharges to ensure that the regulatory purposes underlying storm water regulations
promulgated pursuant to the Clean Water Act (33 USC 91251 et seq.) are met.
B. The City may, to the extent authorized by law, elect to contract for the services of any
public agency or private enterprise to carry out the planning approvals, inspections,
permits and enforcement authorized by this Ordinance.
X. MISCELLANEOUS
A. Compliance Disclaimer.
Full compliance by any Person or entity with the provisions of this Ordinance shall not
preclude the need to comply with other local, state or federal statutory or regulatory
requirements, which may be required for the control of the Discharge of Pollutants into
stOlID water and/or the protection of storm water quality.
B. Severabilitv.
If any provision of this Ordinance or the application of the Ordinance to any circumstance
is held invalid, the remainder of the Ordinance or the application of the Ordinance to other
Persons or circumstances shall not be affected.
XI. JUDICIAL REVIEW
The provisions of 91094.5 and 91094.6 of the Code of Civil Procedure set forth the procedure for
judicial review of any act taken pursuant to this Ordinance. Parties seeking judicial review of any
action taken pursuant to this Ordinance shall file such action within ninety (90) days of the
occurrence of the event for which review is sought.
XII. PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also
be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general
circulation, published, and circulated in thc City of Orange. The City Clerk shall post in the Office
of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names
25 Ord.No. 15-
of those City Council members voting for and against the Ordinance in accordance with
Govemment Code Section 36933. This Ordinance shall take effect thirty (30) days from and after
the dat" of its final passage.
ADOPTED this 8th day of July
ATTEST:
Mayjir ofthe City of Orange
1/
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk ofthe City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held
on the~.!..day of June , 1997, and thereafter at th" regular meeting of said City Council duly
held on the 8th day of Julv . 1997, which was duly passed and adopted by the following
vote, to wit:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Ord.No. 15-97