ENFORCEMENT

Glendale City Code ch. 33, art. VI, div. 4

in effect

Glendale City Code § 33-311 Purpose.

Sec. 33-311. - Purpose. The purpose of this division is to ensure compliance with this Article, including the BMPs required by the City, to cease/discontinue discharges of hazardous substances, pollutants and contaminants, to provide for civil penalty actions , or to institute legal proceedings through the City Attorney in the appropriate court for civil or criminal enforcement of this Article. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Glendale City Code § 33-312 Enforcement plan.

Sec. 33-312. - Enforcement plan. (a) The City shall develop an Enforcement Response Plan (ERP) that meets the requirements of the AZPDES or NPDES storm water permit issued to the City and the requirements of this Article. The ERP will include: (1) the authority for the administration to issue notice of violation to person who violated any provision of this Article; (2) the authority for the City to enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance; (3) the authority for the City to issue a cease and desist order directing a person to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation; (4) criteria for imposing administrative fines and method for calculating the fines; (5) the authority of the City to take any response or remedial action necessary to abate or address a violation of this Article and to seek reimbursement for the cost of such abatement action from the owner or his authorized representative; and (6) any other provision necessary to further the purpose of this division as set forth in Sec. 33-311. (b) The ERP must be approved by the City and posted on the City's website. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Glendale City Code § 33-313 Civil and criminal penalties.

Sec. 33-313. - Civil and criminal penalties. (a) A person who violates any requirement of this Article, including any applicable NPDES or AZPDES storm water permit condition, shall be civilly liable to the City for a sum not to exceed two thousand five hundred ($2,500.00) per day for each violation. (b) In addition to any civil penalty imposed under this Article, any person found to be liable for a discharge that results in violation of the NPDES or AZPDES permit issued to the City as described under Section 33-300(e) may be required to reimburse the City for any civil fines or penalties paid by the City for such violations. (c) Any financial penalties imposed by the City under this Article are in addition to any penalties that may be imposed by other regulatory agencies, including ADEQ or EPA. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Glendale City Code § 33-314 Criminal sanction.

Sec. 33-314. - Criminal sanction. (a) A person commits unauthorized non-storm water discharges to the public storm drain system by knowingly causing, permitting, facilitating, aiding, or abetting any act prohibited in Section 33-300(a), (b), (d), and (e). (b) A person who violates subsection (a) above shall be guilty of a class 1 misdemeanor and be criminally sanctioned for such violation. (c) Any criminal penalties imposed by the City may be in addition to those imposed by ADEQ or EPA. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Glendale City Code § 33-315 Injunctive relief.

Sec. 33-315. - Injunctive relief. A violation of this Article or chapter may also constitute an environmental or public nuisance according to Section 18-4(b) of the City Code and may be abated according to such provision and any implementing policies or regulations The City may seek to abate such environmental or public nuisance itself or seek an order, including requesting the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of any order or other requirement imposed by this Article on activities of the person. from a court of competent jurisdiction. The City may also seek such other action as is appropriate for legal or equitable relief under any applicable provision of the City Code or state or federal law. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Glendale City Code § 33-316 Remedies non-exclusive.

Sec. 33-316. - Remedies non-exclusive. The remedies provided for in this article are not exclusive. Each day's noncompliance constitutes a new violation. The City may take any, all or any combination of these actions against a violator. (Ord. No. 3003, § 1(Exh. A), 9-27-16)

Source: City of Glendale, Arizona, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/glendale/codes/code_of_ordinances?nodeId=PTIICOOR_CH33WASESEDI_ARTVISTWAPOCO_DIV4ENFetched: 11/1/2026