Ordinance No. 1172n J
ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CHAPTER 13-28
OF THE CYPRESS MUNICIPAL CODE
WHEREAS, current State of California Waste Discharge Requirements prohibit
unauthorized discharges into municipal storm drain systems and into the waters of the
United States; and
WHEREAS, the City Council now deems it appropriate to amend Cypress
Municipal Code, Chapter 13-28, to ensure the future health, safety, and general welfare
of the citizens; and
WHEREAS, discharges prohibited include sanitary sewer overflows (SSO's)
caused by disposal of food wastes, excessive paper products, fats, oils, and grease
(FOG) or damaged sewer lines; and
WHEREAS, failure to implement a sanitary sewer maintenance program can result
in blockages and sanitary sewer overflows potentially flowing into the municipal storm
drain system and resulting in City maintenance staff responding to contain and terminate
the overflow; and
WHEREAS, incidences of repeated discharges occurring on private property have
increased as property owners fail to remediate the cause of the discharge; and
WHEREAS, the City finds that additional enforcement is necessary to gain
compliance by repeat violators so that future discharges can be avoided and the threat to
water quality is lessened.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Cypress Municipal Code Chapter 13-28, entitled Penalties, is
amended to add subsection (k) to read:
Penalties for Repeat Illegal Sanitary Sewer Discharges: Illegal discharges into the City's
storm drain system are prohibited which includes sanitary sewer overflows (SSOs)
caused by improperly designed, maintained or damaged sewer lines. An individual,
property owner or business that has three or more sanitary sewer overflows within a five-
year consecutive period shall be fined in accordance with the following in lieu of Section
13-28(b) Infractions:
1) $100 per gallon of discharge resulting from the third sanitary sewer
overflow occurrence;
2) $200 per gallon of discharge resulting from the fourth sanitary sewer
overflow occurrence;
3) $500 per gallon of discharge resulting from the fifth, and thereafter,
sanitary sewer overflow occurrence.
Calculation of Flow Volume Overflow: Volume calculations will be based on criteria
contained in the 2014 Sewer Spill Estimation Guide prepared by the Orange County Area
Waste Discharge Requirements Steering Committee on file with the City. Final discharge
amount will be determined by the Director of Community Development or his/her
designee.
Penalties and Cost Recovery: The responsible party shall also pay the City all costs
associated with any clean up and response to the sanitary sewer overflow in addition to
any penalties assessed in this section. These penalties will apply to a maximum of 1,000
gallons and, if the spill exceeds the 1,000 gallon amount, then the City Manager shall
have discretion to impose penalties consistent with this section.
Exemptions: Single family residences, including condominiums, and public property shall
be exempt from these provisions.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this "
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Cypress hereby declares that
it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
Section 6. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Cypress and shall cause a summary of this
ordinance to be published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of the City of Cypress held
on the 26'h day of February, 2018 and finally adopted and ordered posted at a regular
meeting held on the 12th day of March, 2018.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
0 THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 12'h day of March, 2018, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry, and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS