EXHIBIT 1-B
ADMINISTRATIVE ENFORCEMENT ORDINANCE
OPTIONAL ENFORCEMENT PROVISIONS
Use of OAH where potential fine exceeds
$25,000 or repeat violations, or other administrative compliance issues
including public nuisance abatement
RULE 111.5 ALTERNATIVE ADMINISTRATIVE COMPLIANCE
A.
The District Board may refer to its General Counsel administrative
actions for violations of District Rules and Regulations which involve
continuing or recurring violations, actions where the potential penalty would
exceed $25,000, or actions for administrative abatement of public nuisances.
B. The action shall commence with the issuance
of a written order to the Person responsible for the violation setting forth a description of the observed
violation(s), a description of what the Responsible Party is required to do to
bring the water use or property into compliance, and the date by which
compliance must be achieved. The order
provides notice as to administrative penalties that shall accrue if compliance
with the order is not achieved by the date listed on the order. The order may be contested through an
administrative hearing process. An Administrative
Order issued after hearing may contain a requirement to correct any violations
determined to exist, together with an order to pay administrative penalties and
costs.
C. An administrative action order pursuant to
this Rule shall be served in accord with the provisions of Rule 111.7, and
shall contain the following information:
1. The
date of the violation or, if the date of the violation is unknown, then the
date the violation is identified;
2. The
address or a definite description of the location where the violation occurred;
3. Reference
to the section of the Rules and Regulations violated and a description of the circumstances pertaining to the violation;
4. The
actions required to correct the violation;
5. The penalty related to the violation,
if compliance is not achieved;
6. A
prohibition on the continuation or repeated occurrence of the Rules and
Regulations violation described in the order;
7. A description of the administrative
compliance process, including the time within which the order may be contested
and the place from which a request for hearing form may be obtained and an explanation of the consequences of
noncompliance with this Rule; and
8. The
name and signature of the General Counsel or his delegated agent acting as
Enforcement Officer.
D. Any recipient of a Rule 111.5 order may
contest that there was a violation of District Rules and Regulations, or that
he or she is the Responsible Party, or that a penalty should not be imposed by
completing a request for hearing form and returning it to the District within
thirty (30 days from the date of the order.
E. If the District General Counsel determines
that all violations have been corrected within the time specified in the order,
no further action shall be taken. Notice
of this action shall be forwarded to any party requesting a hearing. If full compliance with each violation is not
achieved within the time specified in the order, the General Counsel shall coordinate
with an Administrative Law Judge and prepare a written notice of hearing for
the judge’s signature to be served on the violator and, where real property is
involved, a notice of hearing shall be served on the property owner at the
address as it appears on the last equalized county assessment roll available on
the date the notice is prepared.
F.
Actions brought pursuant to this Rule
shall be heard by an Administrative Law Judge (ALJ) retained through the
California Office of Administrative Hearings (OAH) in accord with Government
Code §27727. Compensation for ALJ
services shall be by contract with OAH.
G. The General Manager is authorized to enter
into contract with OAH for these services and to budget for this expense.
H. The provisions of Rules 114.3 through 119.6
apply to a Rule 111.5 proceeding.
U:\General (NEW)\MPWMD - Main\WMD
Ordinances\Administrative Enforcement Ordinance Alternative Language.doc
U:\staff\word\committees\RulesRegsReview\2008\20080219\01\item1_exh1b.doc