The City may issue an administrative penalty to any person who violates any requirement
adopted or ordered by the City pursuant to this chapter. The administrative complaint
shall allege, with particularity, the act or failure to act which constitute the violation,
the section of Modesto Municipal Code violated, the civil penalty, and shall be served
by personal delivery or certified mail on the person subject to the discharge requirements.
In addition, the administrative complaint shall inform the person served of the appeal
process. The person served may waive the right to appeal, in which case the City shall
not conduct a hearing. Penalties imposed by the local agency pursuant to this chapter
shall be assessed in accordance with Government Code Section 54740.5.
When civil penalties imposed pursuant to this chapter have remained delinquent for
a period of sixty (60) days from the date assessed, a lien may be placed against the
real property from which the discharge originated and which resulted in the imposition
of the civil penalty.
The City may, at its option, elect to petition the Superior Court to confirm any order
establishing civil penalties and enter judgement in accordance with the provisions
of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.
(Added by Ord. 3137-C.S., § 1, effective 6-17-99)
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