All persons are encouraged to cooperate with
the City to ensure that the requirements of this chapter, rules promulgated
pursuant to this chapter, and stormwater construction approvals issued
hereunder are satisfied. Whenever possible, the City shall attempt
to enter into voluntary agreements to resolve violations of this chapter,
rules promulgated pursuant to this chapter, and stormwater construction
approvals issued hereunder.
A.
If the City believes that a violation of this chapter,
a rule promulgated pursuant to this chapter, or a stormwater construction
approval issued hereunder may have occurred or exists, the City shall
make a prompt investigation. If, after this investigation, the City
determines that a violation has occurred or exists, the City shall
attempt to enter into a voluntary agreement to resolve or correct
the violation. An informal conference may be requested by the City
or by any other person to facilitate a voluntary agreement.
B.
If a voluntary agreement cannot be reached, the City
shall take appropriate enforcement action pursuant to this chapter
and other applicable provisions of law.
A.
If a voluntary agreement pursuant to § 215-18
cannot be reached, the City shall issue written notice of a violation
to the person or persons alleged to have caused or contributed to
a violation of this chapter, a rule promulgated pursuant to this chapter,
and/or an approval issued hereunder. A written notice of violation
shall include a statement of facts upon which the violation is based.
B.
Within 14 days of the receipt of a written notice
of violation, the alleged violator shall submit to the City an explanation
of the violation and a plan for correcting the violation to comply
with this chapter, rules promulgated pursuant to this chapter, and/or
approvals issued hereunder. Submission of this plan in no way relieves
the alleged violator of liability for any previous violation not addressed
by the plan or future violation.
C.
Within 14 days of the receipt of a written response
to a notice of violation, the City shall determine whether the response
resolves and/or corrects the alleged violation. If the City determines
that the response resolves and/or corrects the violation, then the
plan for correcting the violation shall be incorporated into a consent
agreement pursuant to § 215-20.
A.
A consent agreement may be entered into at any time
by and between the City and the person or persons alleged to have
caused or contributed to the violation. The consent agreement shall
be mutually acceptable to both the City and the recipient(s) and shall
reflect the recipient's agreement to assume responsibility for and
correct violations of this chapter, rules promulgated pursuant to
this chapter, and approvals issued hereunder.
B.
The consent agreement shall contain a short statement
of facts, describe the actions necessary to correct the noncompliance,
contain a compliance schedule, and be signed by all parties. The agreement
may contain a monetary or other relief as agreed to by the parties
for the noncompliance, including, without limitation, amounts necessary
to compensate the City for costs incurred investigating, administering
and/or enforcing this chapter or rules promulgated hereto.
A.
If the City determines that a violation of this chapter,
a rule promulgated pursuant to this chapter, or a stormwater construction
approval issued hereunder has occurred or exists, the City may issue
an administrative compliance order pursuant to this section.
B.
Except as provided in § 215-22, the City
may issue an administrative compliance order in the following circumstances:
(1)
The City determines that a person has violated a consent
agreement entered into with the City; or
(2)
The City determines that a person has violated or
continues to violate this chapter, a rule promulgated pursuant to
this chapter, or a stormwater construction approval issued hereunder,
and the City has attempted to resolve the violation pursuant to §§ 215-18
and 215-19 but no voluntary agreement or consent agreement has been
entered into.
C.
The administrative compliance order shall contain
a statement of facts upon which the order is based, a description
of the actions that must be taken to correct the noncompliance, a
compliance schedule, and other requirements as might be reasonably
necessary to address the noncompliance. Administrative compliance
orders also may contain administrative fines and penalties, and such
other monetary relief as may be necessary to compensate the City for
costs incurred investigating, administering, and enforcing this chapter
or rules promulgated hereto.
A.
The City may issue an administrative order without
attempting to resolve a violation by using the enforcement procedures
described in §§ 215-18 and 215-19 if the City finds
that a violation of this chapter, a rule promulgated pursuant to this
chapter, or a stormwater construction approval issued hereunder constitutes
or causes, or will constitute or cause, a substantial injury to the
public health, safety, welfare, or the environment, and it is prejudicial
to the interests of the people of the City to delay action.
B.
Administrative orders issued pursuant to this section
shall contain a statement of facts upon which the order is based,
and notification to the person that it must immediately take action
to discontinue, abate, correct, or otherwise address the imminent
and substantial injury caused or likely to be caused by the noncompliance.
C.
Within seven days, the City shall provide the person
an opportunity to be heard and to present any proof that the noncompliance
does not or will not constitute imminent and substantial injury to
the public health, safety, welfare or the environment.
D.
An order issued pursuant to this section is effective
on issuance and shall remain in effect for a period of not more than
seven days, unless the City brings an action to restrain the alleged
noncompliance pursuant to § 215-24 or 215-25 before the
expiration of that period. If the City brings such an action within
the seven-day period, the order issued by the City shall remain in
effect for an additional seven days or such other period as is authorized
by the court in which the action is brought.
A.
Violation; municipal civil infraction. Except as provided
by § 215-24, a person who violates any provision of this
chapter or rules promulgated hereunder, including without limitation
any notice, order, stormwater construction approval, agreement, decision,
or determination promulgated, issued, made, or entered by the City
under this chapter or rules promulgated hereunder, is responsible
for a municipal civil infraction, subject to payment of a civil fine
of not less than $1,000 per day and not more than $27,500 per day
for each infraction, plus costs and other sanctions.
B.
Repeat offenses; increased fines.
(1)
Increased fines may be imposed for repeat offenses.
As used in this section, "repeat offense" means a second (or any subsequent)
municipal civil infraction violation of the same requirement or provision
of this chapter or rule promulgated hereunder that is committed by
a person within any twelve-month period and for which the person admits
responsibility or is determined to be responsible.
(2)
The increased fine for a repeat offense under this
section shall be as follows:
C.
Amount of fines.
(1)
Municipal civil infraction citations.
(a)
Subject to the minimum fine amounts specified
in Subsections A and B, the following factors shall be considered
in determining the amount of a municipal civil infraction fine following
the issuance of a municipal civil infraction citation for a violation
of this chapter or rules promulgated pursuant to this chapter:
[1]
The type, nature, gravity, magnitude, severity,
frequency, duration, preventability, potential and actual effect,
cause (including whether negligent or intentional) and economic benefit
to the violator (such as delayed or avoided costs or competitive advantage)
of the violation;
[2]
The violator's recalcitrance, cooperation or
efforts to comply;
[3]
The violator's compliance history (regardless
whether prior enforcement proceedings were commenced);
[4]
The economic impacts of the fine on the violator;
and
[5]
Such other factors as justice may require.
(b)
A violator shall bear the burden of demonstrating
the presence and degree of any mitigating factors to be considered
in determining the amount of a fine. However, mitigating factors shall
not be considered unless it is determined that the violator has made
all good faith efforts to correct and terminate all violations.
(2)
Municipal civil infraction notices; schedule of fines.
(a)
Notwithstanding any provision of this chapter
to the contrary, the amount of a municipal civil infraction fine due
in response to the issuance of a municipal civil infraction notice
for a violation as provided by Subsection A shall be according to
the following schedule:
(b)
For any fine not paid in full within 30 days
of the time specified for appearance in the municipal civil infraction
violation notice, the fine amount due shall automatically be double
the amounts listed immediately above. A copy of this schedule shall
be posted at the City of Rockwood City Hall Department of Public Works.
D.
Authorized City officials. The following persons are
authorized City officials for purposes of issuing municipal civil
infraction citations (directing alleged violators to appear in district
court) or municipal civil infraction violation notices (alleged violators
to appear at the Wayne County-Municipal Ordinance Violations Bureau)
for violations under this chapter: the Director of Department of Public
Works; the City Engineer, or the Director of Public Safety, and their
respective designees and authorized representatives.
The City, by and through the City Attorney,
may bring a civil action in the name of the City to enforce the provisions
of this chapter and rules promulgated pursuant to this chapter. Nothing
in this chapter shall preclude the City from instituting an action
for appropriate legal and/or equitable relief in Wayne County Circuit
Court to restrain, correct, or abate a violation of this chapter,
a rule or regulation promulgated pursuant to this chapter, or a stormwater
construction approval issued hereunder; or to stop an illegal act;
or to abate a nuisance; or to prevent pollution or flooding.
Any person who at the time of a violation, knew
or should have known that a violation of this chapter, or any notice,
order, stormwater construction approval, or decision or determination
promulgated, issued or made by the City under this chapter; or intentionally
makes a false statement, representation, or certification in any application
for, or form pertaining to, a stormwater construction approval, or
in any other correspondence or communication, written or oral, with
the City regarding matters regulated by this chapter; or commits any
other act that is punishable under state law by imprisonment for up
to 90 days; shall, upon conviction, be guilty of a misdemeanor punishable
by a fine of $500 per violation, per day, or imprisonment for up to
90 days, or both such fine and imprisonment, in the discretion of
the court.
Each act of violation, and each day or portion
of a day that a violation of this chapter, rules or regulations promulgated
pursuant to this chapter, stormwater construction approval, order,
notice, or determination issued, made or entered into under this chapter
is permitted to exist or occur constitutes a separate offense and
shall be punishable as provided by this chapter.
