CITY COUNCIL AGENDA ITEM
Meeting Date: January 11, 2005
Subject/Title: Waive Second Reading and Adopt Ordinance No. 793, amending
Chapter 14.20 of the Municipal Code, to address Stormwater System Management
and Discharge Control.
Prepared by: Engineering: J. Cowling
Submitted by: Engineering: B. Grewal
Waive Second Reading and Adopt Ordinance No. 793, amending Chapter 14.20 of
the Municipal Code to address Stormwater System Management and Discharge
Adoption of Stormwater Ordinance No. 670 in June 2001.
On December 14, 2004, City Council introduced Ordinance No. 793, amending
Chapter 14.20 of the Municipal Code to address Stormwater System Management
and Discharge Control.
The City of Brentwood is a Co-Permittee under a National Pollutant Discharge
Elimination System (NPDES) permit regulating discharges from storm drain
systems in Contra Costa County. The permit, first issued in 1994 by the
California Regional Water Quality Control Board for the Central Valley
Region (Water Board), specifies measures the City must undertake to prohibit
non-stormwater discharges to storm drains and to minimize the quantity of
pollutants in stormwater.
The City participates in the Contra Costa Clean Water Program (Clean Water
Program), which coordinates stormwater NPDES permit compliance efforts
countywide. In the early 1990s, the Clean Water Program brought together a
group of municipal attorneys to prepare a model stormwater ordinance. The
City’s current ordinance is based on this model.
In February 2003, the Water Board amended permit Provision C.3, which now
requires the City to place conditions on its approval of some private
development projects. Similar requirements apply to the City’s own public or
Capital Improvement Program (CIP) projects. Beginning February 15, 2005,
projects that create one acre or more of new impervious area must
incorporate facilities to treat runoff before it may be discharged to creeks
or storm drains. The threshold will decrease to 10,000 square feet of
impervious area in August 2006. To protect creeks from erosion, projects may
also be required to detain or infiltrate runoff so that peak flows and
durations match pre-project conditions. The City is required to inspect
stormwater facilities to ensure that they are properly operated and
In late 2003, the Clean Water Program again convened a group of municipal
attorneys and engineers, this time to update the old model ordinance. The
updated model has been reviewed by the City/County Attorneys Association.
The attached City of Brentwood ordinance, which replaces existing Ordinance
No. 670, is based on this model and has been reviewed by the City of
Brentwood’s Senior Staff and Attorney.
The updated ordinance references the Contra Costa Clean Water Program
Stormwater C.3 Guidebook. The Clean Water Program convened groups of
municipal managers, planners, engineers, and attorneys to oversee
preparation of the Guidebook. A draft was completed in June and a second
draft, completed in November. A final version will be available in January
2005. All Contra Costa municipalities will use the Guidebook to facilitate
compliance with stormwater requirements for all applicable private and
public development projects. The City may state exceptions or additional
requirements if needed to adapt the Guidebook to local conditions.
The updated ordinance also requires persons who own, lease, or operate
premises with facilities that treat, detain, filter, or infiltrate runoff to
inspect those facilities annually and certify to the City that they are
properly maintained and are in good condition.
Staff will be returning to City Council to amend the master fee schedule to
cover these anticipated costs as afforded under Municipal Code Section
14.20.10 of this Ordinance.
ORDINANCE NO. 793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER
14.20 OF TITLE 14 OF THE MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT
AND DISCHARGE CONTROL.
The City Council of the City of Brentwood does ordain as follows:
Delete the existing Chapter 14.20 of Title 14 of the Brentwood Municipal
Code and hereby amend Chapter 14.20 to read as follows:
Chapter 14.20. Stormwater Management and Discharge Control
Sec. 14.20.01. Intent and Purpose.
(a) The intent of this chapter is to protect and enhance the water quality
in the City of Brentwood's watercourses pursuant to, and consistent with the
Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.)
and the Federal Clean Water Act (33 U.S.C. section 1251 et seq.).
(b) This chapter also carries out the conditions in the City's National
Pollutant Discharge Elimination System (NPDES) permit that require effective
February 15, 2005 implementation of appropriate source control and site
design measures and stormwater treatment measures for projects that create
or replace one acre or more of impervious surface, and that effective August
15, 2006, reduce the threshold to projects that create or replace 10,000
square feet or more of impervious surface.
(c) It is the purpose of the City Council in enacting this chapter to
protect the health, safety and general welfare of Brentwood's citizens by:
(1) minimizing non-stormwater discharges, whose pollutants would otherwise
degrade the water quality of local streams, to the stormwater system.
(2) minimizing increases in nonpoint source pollution caused by stormwater
runoff from development that would otherwise degrade local water quality.
(3) controlling the discharge to the City's stormwater system from spills,
dumping or disposal of materials other than stormwater.
(4) reducing stormwater run-off rates and volumes and nonpoint source
pollution whenever possible, through stormwater management controls and
ensuring that these management controls are properly maintained and pose no
threat to public safety.
Sec. 14.20.02. Definitions.
The following words and phrases when used in this chapter shall be as
defined herein. Words and phrases in this chapter and not otherwise defined
shall be interpreted as defined in the regulations issued by the U.S.
Environmental Protection Agency to implement the provisions of the Federal
Clean Water Act, and as defined by the State Water Resources Control Board
to implement the Porter-Cologne Act:
(a) Best management practices or "BMP" are structural devices, measures,
stormwater management facilities or activities that help to meet development
runoff requirements at the premises. BMP also include schedules of
activities, prohibitions or practices, general good housekeeping, pollution
prevention practices, maintenance procedures and other management practices,
to prevent or reduce the discharge of pollutants directly or indirectly to
watercourses, water bodies, and wetlands.
(b) City's NPDES permit shall mean the NPDES permit issued to the City of
Brentwood and any subsequent amendment, reissuance or successor to this
(c) Development runoff requirements shall mean the provisions in the City’s
NPDES permit that contain performance standards to address both the
construction and post-construction phase impacts of new projects and
redeveloped projects on stormwater quality. In the City's 1999 NPDES permit
these requirements are in section C. 3.
(d) Director shall mean the City Engineer or the Director of Public Works of
the City of Brentwood or his or her designee.
(e) Enforcement Officer or Officer shall mean those individuals designated
by the City Manager to act as authorized Enforcement Officers as set forth
in Section 14.20.22.
(f) Guidebook shall mean the most recent version of the Contra Costa Clean
Water Program Stormwater C. 3. Guidebook.
(g) Non-stormwater discharge is any addition of any pollutant to the City's
stormwater system, except discharges pursuant to a NPDES permit, or
discharges further exempted in Section 14.20.06(c) and (d) of this chapter.
(h) Pollutant shall mean any material other than stormwater including, but
not limited to, petroleum products or by-products, solid waste, incinerator
residue, sewage, sewage sludge, heat, chemical waste, biological materials,
radioactive materials, wrecked or discarded equipment, rock, sand, soil and
industrial, municipal or agricultural waste discharged into the water or
(i) Premises shall mean any building, structure, facility, or installation,
(including a building's grounds or other appurtenances), and adjacent
sidewalks and parking strips.
(j) Responsible person shall mean the owner or occupant of any premises or
who engages in any activity from which there is or may be a non-stormwater
discharge or any person who releases pollutants to the City’s stormwater
(k) Stormwater shall mean flow on the surface of the ground resulting from
(l) Stormwater management facility shall mean any device designated to
detain, retain, filter, or infiltrate stormwater.
(m) Stormwater control plan shall mean a plan that meets those criteria
contained in the most recent version of the Contra Costa Clean Water Program
Stormwater C. 3. Guidebook.
(n) Stormwater system is that system of facilities by which stormwater may
be conveyed to any stream, watercourse, other body of water or wetlands,
including flood control channels, any roads with drainage systems, city
streets, catch basins, curbs, gutters, ditches, improved channels, storm
drains or storm drain system, which are not part of a Publicly Owned
Treatment Works ("POTW") as that term is defined in 40 CFR section 122.2.
Sec. 14.20.03. Responsibility for Administration.
The director or his designee shall administer this chapter for the City.
Sec. 14.20.04. Construction and Application.
This chapter shall be construed consistent with the requirements of the
Federal Clean Water Act and amendments thereto or applicable implementing
regulations and the City's NPDES permit.
Sec. 14.20.05. Stormwater Control Plan Required.
(a) Every application for a development project, including but not limited
to a rezoning, tentative map, parcel map, conditional use permit, variance,
site development permit, design review, or building permit that is subject
to the development runoff requirements in the City's NPDES permit shall be
accompanied by a stormwater control plan that meets the criteria in the most
recent version of the Contra Costa Clean Water Program Stormwater C. 3.
Guidebook or the City of Brentwood Storm Water Policies or best management
practices, whichever is more stringent.
(1) Effective February 15, 2005 this requirement shall apply to:
(a) all developments that create one acre (43,560 square feet) or more of
impervious surface. Excluded from this category is the construction of one
single family home, which is not part of a larger plan of development, with
appropriate pollutant source control and site design measures, and using
landscaping to appropriately treat runoff from roof and house-associated
(b) streets and road projects that create one acre (43,560 square feet) or
more of new impervious surface. Excluded from this category are sidewalks,
bicycle lanes, trails, bridge accessories, guardrails, and landscape
(c) projects on previously developed sites that result in the addition or
replacement of a combined total of one acre (43,560 square feet) or more of
impervious surface. Excluded from this category are interior remodels and
routine maintenance or repair. Excluded routine maintenance and repair
includes roof or exterior surface replacement, pavement resurfacing,
repaving and road pavement structural section rehabilitation within the
existing footprint, and any other reconstruction work within a public street
or road right-of-way where both sides of that right-of-way are developed.
(2) Effective August 15, 2006 this requirement shall apply to:
(a) all developments that create 10,000 square feet or more of impervious
surface. Excluded from this category is the construction of one single
family home, which is not part of a larger plan of development, with
appropriate pollutant source control and site design measures, and using
landscaping to appropriate treat runoff from roof and house-associated
(b) streets and road projects that create 10,000 square feet or more of new
impervious surface. Excluded from this category are sidewalks, bicycle
lanes, trails, bridge accessories, guardrails, and landscape features.
(c) projects on previously developed sites that result in the addition or
replacement of a combined total of 10,000 square feet or more of impervious
surface. Excluded from this category are interior remodels and routine
maintenance or repair. Excluded routine maintenance and repair includes roof
or exterior surface replacement, pavement resurfacing, repaving and road
pavement structural section rehabilitation within the existing footprint,
and any other reconstruction work within a public street or road
right-of-way where both sides of that right-of-way are developed.
(3) Subsections (a)(1) and (a)(2) shall be interpreted in a manner that is
consistent with the development runoff requirements and exclusions in the
City's NPDES permit.
(b) Implementation of an approved stormwater control plan and submittal of
an approved stormwater control operation and maintenance plan by the
applicant shall be a condition precedent to the issuance of a certificate of
occupancy for a project subject to this section.
(c) All stormwater management facilities shall be designed in a manner to
minimize the need for maintenance and reduce the chances of failure. Design
guidelines are outlined in the guidebook.
(d) All stormwater management facilities shall be maintained according to
the guidebook and the approved stormwater control operation and maintenance
plan. The person(s) or organization(s) responsible for maintenance shall be
designated in the plan. Unless a different time period is provided for in
the plan, those responsible for maintenance shall inspect the stormwater
management facility at least annually. The plan shall also describe how the
maintenance costs will be funded. Upon the failure of a responsible person
to maintain a stormwater management facility in accordance with this chapter
or the plan, the City may perform the maintenance and recover its costs from
the responsible person as provided in sections 14.20.17 and 14.20.18.
(e) For access to stormwater management facilities for inspections and
maintenance, recorded covenants or easements shall be provided by the
property owner for access by the City, the Contra Costa Mosquito and Vector
Control District, and the Regional Water Quality Control Board.
Sec. 14.20.06. Prohibited Discharges.
(a) The release of non-stormwater discharges to the City stormwater system
(b) The discharge of stormwater from premises or an activity that causes or
contributes to a violation of receiving water limitations in the City's
NPDES permit is prohibited.
(c) The following discharges are exempt from the prohibition set forth in
subsection (a) above:
(1) any discharge in compliance with a NPDES permit issued to the
(2) flows from riparian habitats and wetlands, diverted stream flows,
springs, rising groundwater and uncontaminated groundwater infiltration.
(d) The following discharges are exempt from the prohibitions set forth
subsection (a) above if the Regional Water Quality Control Board approves
the exempted category under section C. 11. of the City's NPDES permit:
uncontaminated pumped groundwater, foundation drains, water from crawl space
pumps, footing drains, air conditioning condensate, irrigation water,
landscape irrigation, lawn or garden watering, planned and unplanned
discharges from potable water sources, water line and hydrant flushing,
individual residential car washing, discharges or flows from emergency fire
fighting activities, and dechlorinated swimming pool discharges.
(e) Stormwater runoff entering the sanitary sewer system, whether through
intentional or accidental conveyance.
Sec. 14.20. 07. Discharge in Violation of NPDES Permit.
Any discharge that would result in or contribute to a violation of the
City's NPDES permit either separately considered or when combined with other
discharges, is prohibited. Liability for any such discharge shall be the
responsibility of the person causing or responsible for the discharge, and
such person shall defend, indemnify and hold harmless the City in any
administrative or judicial enforcement action relating to such discharge.
Sec. 14.20.08. Unlawful Discharge and Unlawful Connections.
(a) It is unlawful to establish, use, maintain or continue unauthorized
drainage connections to the City's stormwater system, and to commence or
continue any unauthorized discharges to the City’s stormwater system.
(b) No discharge shall cause the following conditions, create a nuisance or
adversely affect beneficial uses of waters of the State:
(1) floating, suspended or deposited macroscopic matter or foam;
(2) bottom deposits or aquatic growth;
(3) alterations of temperature, sediment load, nutrient load, or dissolved
oxygen, which cause significant adverse impacts to native aquatic biota;
(4) visible, floating, suspended or deposited oil or products of petroleum
(5) substances present in concentrations or quantities which cause
deleterious effects on aquatic biota, wildlife or waterfowl, or which render
any of these unfit for human consumption.
Sec. 14.20. 09. Best Management Practices and Standards.
(a) Generally. Any person owning or operating premises that may contribute
pollutants to the City's stormwater system shall undertake all practicable
best management practices to reduce the potential for pollutants entering
the system. Examples of such premises include, but are not limited to,
parking lots, gasoline stations, industrial facilities, restaurants and
other commercial enterprises.
(b) Litter. No person shall throw, deposit, leave, keep or permit to be
thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage
or other discarded or abandoned objects, articles or other litter in or upon
any street, alley, sidewalk, business place, creek, stormwater system,
fountain, pool, lake, stream, river or any other body of water, or upon any
public or private parcel of land so that the same might become a pollutant,
except in containers or in lawfully established waste disposal facilities.
(c) Sidewalks. The occupant or tenant, or in the absence of occupant or
tenant, the owner or proprietor of any real property in front of which there
is a paved sidewalk shall maintain said sidewalk free of dirt or litter to
the maximum extent practicable. Sweepings from the sidewalk shall not be
swept or otherwise made or allowed to go into the gutter or roadway, but
shall be disposed of in receptacles maintained as required for the disposal
of solid waste.
(d) Parking Lots, Paved Areas and Related Stormwater Systems. Persons
owning, operating or maintaining a paved parking lot, the paved areas of a
gasoline station, a paved private street or road, and related stormwater
systems shall clean those premises as frequently and thoroughly as
practicable in a manner that does not result in the discharge of pollutants
to the City's stormwater system.
(e) Construction Activities. All construction shall conform to the
requirements of the CASQA Stormwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the ABAG
Manual of Standards for Erosion & Sediment Control Measures, the City's
grading and erosion control ordinance and other generally accepted
engineering practices for erosion control as required by the director when
undertaking construction activities. The director may establish controls on
the rate of stormwater runoff from new developments and redevelopment as may
be appropriate to minimize the discharge and transport of pollutants.
(f) Notification of Intent and Compliance with General Permits. Each
discharger associated with construction activity or other discharger
described in any general stormwater permit addressing discharges, as may be
adopted by the United States Environmental Protection Agency, the State
Water Resources Control Board, or the California Regional Water Quality
Control Board, San Francisco Bay Region, shall provide the director with the
notice of intent, comply with and undertake all other activities required by
any general stormwater permit applicable to such dischargers. Each
discharger identified in an individual NPDES permit relating to stormwater
discharges shall comply with and undertake all activities required by the
(g) Development Runoff Requirements. For each new development and
redevelopment project subject to the development runoff requirements, every
applicant will submit a stormwater control plan and implement conditions of
approval that reduce stormwater pollutant discharges through the
construction, operation and maintenance of treatment measures and other
appropriate source control and site design measures. Similarly, increases in
runoff volume and flows shall be managed in accordance with the development
(h) Compliance with Best Management Practices. Where best management
practices guidelines or requirements have been adopted by any federal,
state, regional, city or county agency, for any activity, or operation of
premises which may cause or contribute to non-stormwater discharges, every
person undertaking such activity, operation or owning and operating such
premises shall comply with such guidelines or requirements.
(i) Stormwater Pollution Prevention Plan. The director may require any
business or utility in the City that is engaged in activities that may
result in non-stormwater discharges or runoff pollutants to develop and
implement a stormwater pollution prevention plan, which must include an
employee training program. Business activities which may require a
stormwater pollution prevention plan include maintenance, storage,
manufacturing, assembly, equipment operations, vehicle loading, fueling,
vehicle maintenance, food handling or processing, or cleanup procedures
which are carried out partially or wholly out of doors.
(j) Coordination with Hazardous Material Release Response and Inventory
Plans. Any business subject to the Hazardous Material Release Response and
Inventory Plan, Division 20, chapter 6.95 of the California Health and
Safety Code (commencing with section 25500), shall include, in that Plan,
provision for compliance with this chapter, including the prohibitions of
non-stormwater discharges and the requirement to reduce release of
pollutants to the maximum extent practicable.
Sec. 14.20.10. Compliance Certificates for Stormwater Management Facilities.
Every person who owns, leases or operates any premises containing a
stormwater management facility or facilities is required to obtain annually
a valid operation and maintenance certificate of compliance certifying to
the inspection of and the proper operation and maintenance of the treatment
measures and other appropriate source control and site design measures. Each
responsible person subject to this requirement shall request an inspection
from the City every 12 months. Upon the filing of such request, and the
payment of a fee covering the cost of inspection, the City shall inspect the
property and shall either issue such certificate upon a determination by the
inspector that all treatment measures and other appropriate source control
and site design measures have been properly maintained and are in good
condition, or shall issue a conditional certificate noting deficiencies that
must be corrected within a time indicated on the certificate, or shall deny
the certificate. A certificate shall be valid for one year from the date of
issuance. The City Council may by resolution establish the fee for the
inspection and certificate.
Sec. 14.20.11. Authority to Inspect.
(a) Generally. Routine or scheduled inspections shall be based upon as
reasonable a selection process as may be deemed necessary to carry out the
intent of this chapter, including, but not limited to, random sampling or
sampling in areas with evidence of stormwater contamination, evidence of the
discharge of non-stormwater to the stormwater system, or similar activities.
Inspections may also be conducted in conjunction with routine or scheduled
inspections conducted by other public agencies or special district,
including but not limited to the City of Brentwood, the Contra Costa County
Fire Protection District, County Environmental Health Department, the Contra
Costa Mosquito and Vector Control District, or the Regional Water Quality
(b) Authority to Sample and Establish Sampling Devices. With the consent of
the owner or occupant, or pursuant to a search or inspection warrant, any
officer may establish on any property such devices as are necessary to
conduct sampling or metering operations. During all authorized inspections,
the officer may take any sample deemed necessary to aid in the pursuit of
the inquiry or in the recordation of the activities on site.
(c) Notification of Spills. All persons in charge of the premises or
responsible for emergency response for the premises have a responsibility to
train premises' personnel and maintain notification procedures to ensure
that immediate notification is provided to the City of any suspected or
confirmed release of pollutants creating a risk of non-stormwater discharge
into the City stormwater system.
As soon as any person in charge of the premises or responsible for emergency
response for the premises has knowledge of any suspected or confirmed
release of non-stormwater discharge entering the City stormwater system,
such person shall take all necessary steps to ensure the detection and
containment and clean up of such release and shall notify the City of the
occurrence by telephoning the director. This notification requirement is in
addition to and not in lieu of other required notifications.
(d) Requirement to Test or Monitor. Any officer may require that any person
engaged in any activity or owning or operating any premises that may cause
or contribute to non-stormwater discharges, undertake such monitoring
activities or analysis and furnish such reports as the officer may specify.
The burden, including costs of these activities, analysis and reports shall
bear a reasonable relationship to the need for the monitoring, analysis and
reports and the benefits to be obtained. The recipient of such request shall
undertake and provide the monitoring, analysis and reports required.
Sec. 14.20.12. Violations Constituting Misdemeanors.
The violation of any provision of this chapter, or failure to comply with
any of the mandatory requirements of this article shall constitute a
misdemeanor, except that notwithstanding any other provisions of this
article, any violation constituting a misdemeanor under this chapter may, at
the discretion of the officer or city attorney, be charged and prosecuted as
Sec. 14.20.13. Penalty for Violation.
(a) Upon conviction of a misdemeanor, a person shall be subject to payment
of a fine, or imprisonment, or both, not to exceed the limits set forth in
California Government Code section 36901.
(b) Upon conviction of an infraction, a person shall be subject to payment
of a fine, not to exceed the limits set forth in California Government Code
Sec. 14.20.14. Continuing Violation.
Every day that any violation of this chapter shall continue shall constitute
a separate offense.
Sec. 14.20.15. Concealment.
Concealing, aiding or abetting a violation of any provision of this chapter
shall constitute a violation of such provision.
Sec. 14.20.16. Acts Potentially Resulting in Violation of the Federal Clean
Water Act or Porter-Cologne Act.
Any person who violates any provision of this chapter, or the provisions of
any permit issued pursuant to this chapter, or who releases a non-stormwater
discharge, or who violates any cease and desist order, prohibition or
effluent limitation, may also be in violation of the Federal Clean Water Act
or the Porter-Cologne Act and may be subject to the enforcement provisions
of those acts, including civil and criminal penalties. Any enforcement
actions authorized pursuant to this chapter may also include notice to the
violator of such potential liability pursuant to federal or state law.
Sec. 14.20.17. Violations Deemed a Nuisance.
In addition to the penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is
a threat to the public health, safety and welfare. Such condition is hereby
declared and deemed to be a nuisance, which may be abated as provided in
Chapter 8.00 of Title 8 (commencing with section 8.00.010) of this Code
including the assessment of the costs of abatement which may be collected at
the same time and in the same manner as ordinary municipal taxes as provided
by Government Code section 38773.5, and by civil action to abate, enjoin or
otherwise compel the cessation of such nuisance by the City Attorney.
Sec. 14.20.18. Civil Actions.
(a) In addition to any other remedies provided in this chapter, any
violation of this chapter may be enforced by civil action brought by the
City. In any such action, the City may seek, as appropriate, any and all of
the following remedies:
(1) a temporary restraining order, preliminary injunction and permanent
(2) an action for an unlawful business practice pursuant to Business and
Professions Code section 17206;
(b) In addition any person violating this chapter shall be liable for:
(1) reimbursement for the costs of any investigation, inspection or
monitoring which led to the discovery of the violation;
(2) costs incurred in removing, correcting, or terminating the adverse
effect(s) resulting from the violation;
(3) compensatory damages for the loss of, or destruction to, water quality,
wildlife, fish or aquatic life. Costs and damages under this subsection
shall be paid to the City and shall be used exclusively for costs associated
with monitoring and establishing a stormwater discharge pollution control
system and implementing or enforcing the provisions of this chapter;
(4) the cost of maintenance and repair of any BMP or stormwater management
facility that is not maintained in accordance with the guidebook or the
stormwater control plan;
(5) the reasonable costs of preparing and bringing administrative action
under this chapter.
Sec. 14.20.19. Remedies Not Exclusive.
The remedies identified in this chapter are in addition to, and do not
supersede or limit, any and all other remedies, administrative, civil or
criminal. The remedies provided for herein shall be cumulative and not
Sec. 14.20.20. Fees.
All fees associated with this Ordinance shall be set forth in the City’s
Master Fee Schedule as adopted by the Brentwood City Council.
Sec. 14.20.21. Notice of Violation.
Any person required to perform monitoring, analysis, reporting or corrective
activity by any officer may be informed of such decision, in writing, by a
notice of violation. Any person aggrieved by the decision of the officer,
may file a written appeal of the notice of violation to the director within
10 (ten) days following the date of the notice of violation. Upon receipt of
such request, the director shall request a report and recommendation from
the officer and shall set the matter for hearing at the earliest practical
date. At said hearing, the director may hear additional evidence, and may
reject, affirm or modify the officer's decision. The decisions of the
director shall be final.
Sec. 14.20.22. Enforcement Officer.
For purposes of Section 1.08.030, the City Manager has designated Code
Enforcement Officers as Enforcement Officers.
Sec. 14.20.23. Judicial Review.
The provisions of Code of Civil Procedure section 1094.5 are applicable to
judicial review of determinations made by the director pursuant to this
This ordinance shall take effect 30 days from the date of adoption.
I HEREBY CERTIFY that the foregoing ordinance was first read at a regular
meeting of the Council of the City of Brentwood on the 14th day of December,
2004, and was passed and adopted at a regular meeting of the Council on the
11th day of January, 2005.