Penalties for Violations
San Diego Municipal Code § 64.0310
in effect§64.0310 Penalties for Violations
(a) The penalties and remedies for violations specified in this Article are cumulative to the penalties and remedies set forth in Chapter 1, Article 2 of this Code.
(b) The disposal or handling of domestic wastewater or industrial wastewater in violation of this Article is a public nuisance subject to injunction, abatement, and penalties under Chapter 1, Article 2 of this Code.
(1) Violations of Division 5 of this Article are not limited by the maximum amount of civil penalties in Section 12.0803(d). The amount of civil penalties that may be assessed shall be governed by 40 C.F.R. 403.8(f)(1)(vi).
(c) The failure to use reclaimed water as required by the City Manager under Division 8 of this Article is a public nuisance subject to injunction, abatement, and penalties under Chapter 1, Article 2 of this Code.
(d) Any person who violates a provision of this Article which causes a deposit, obstruction, damage, or any other impairment to the wastewater system shall be liable to the City for all expense, loss, and damage incurred by the City as a result of the violation.
(e) Whenever a wastestream is in violation of the provisions of this Article, or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the City Manager may cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such Discharge.
(f) The City Manager may terminate wastewater service to any property where wastewater is disposed or handled in violation of this Article or in a manner that threatens the environment, the health, safety, or welfare of the public, or the operation of the wastewater system. The City Manager may terminate wastewater service by severing or blocking connections between the property and the wastewater system, and by terminating water service as allowed under Chapter 6, Article 7 of this Code.
(1) The City Manager shall provide prior written notice to the customer that wastewater service is being terminated and provide an opportunity to contest the termination at a hearing under Chapter 1, Article 2, Division 4 of this Code. The City Manager shall also send a notice to the property owner if the property owner is not the same person as the customer and allow the property owner to contest the termination at the hearing.
(2) The City Manager may immediately terminate wastewater service upon written notice if the discharge of wastewater presents an imminent danger to the environment, the health, safety, or welfare of the public, or the operation of the wastewater system. Such an immediate termination of wastewater service shall remain in effect at least until the conclusion of a hearing held under Chapter 1, Article 2, Division 4 of this Code.
(3) The City Manager shall reestablish wastewater service upon the final decision of a hearing officer that a violation of this Article did not occur and that the disposal of wastewater from the property did not threaten the environment, the health, safety, or welfare of the public, or the operation of the wastewater system.
(4) The City Manager may reestablish wastewater service if the City Manager determines that the reason for the termination no longer exists and is not likely to reoccur.
(“Penalties for Violations” added 6-15-2026 by O-22104 N.S.; effective 7-15-2026.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art04Division03.pdf#page=4Fetched: 10/28/2026
