When the Director finds that a person has violated
a prohibition or failed to meet a requirement of this Part 3 or a
permit issued pursuant to this Part 3, he/she may order compliance
by written notice of violation to the responsible person. Such notice
may require, without limitation, any or all of the actions listed
below:
A.
The elimination of illicit or unauthorized connections
or discharges;
B.
That violating discharges, practices, operations,
activities, or connections shall cease and desist;
C.
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
D.
The performance of monitoring, analyses, and reporting;
E.
Payment of a fine; and
F.
The implementation of source control or treatment
BMPs. If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator and if not paid shall become a lien against the violator’s
property.
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this Part 3 shall be guilty of a violation punishable by a fine
not exceeding $1,000 or imprisonment for a period not to exceed two
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed two months,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $2,000 nor more than $5,000 or imprisonment
for a period not to exceed two months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this Part 3 shall be deemed misdemeanors, and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week’s continued violation shall
constitute a separate additional violation.
Any person receiving a notice of violation may
appeal within 15 calendar days of its issuance. The Director shall
hear the appeal within 30 days after the filing of the appeal, and
within five days of making his/her decision issue a decision by certified
mail to the discharger. The Director may conduct the hearing and take
evidence or may designate any officer or employee of the Office of
the Director to do so. The filing of an appeal shall not preclude
the Director from taking any emergency measures allowed pursuant to
this Part 3.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, or, in the
event of an appeal, within five business days of the decision of the
Director, then the Director shall request the owner’s permission
for access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property,
the cost of which shall be the sole responsibility of the discharger
and if not paid shall become a lien against the discharger’s
property.
B.
If refused access to the subject private property,
the Director may seek a warrant in a court of competent jurisdiction
to be authorized to enter upon the property to determine whether a
violation has occurred. Upon determination that a violation has occurred,
the Director may seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures, including reasonable
attorney’s fees and court costs, shall be the sole responsibility
of the discharger and if not paid shall become a lien against the
discharger’s property.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
Part 3. If a person has violated or continues to violate the provisions
of this Part 3, the Director may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation, in which event the person shall be liable
to the City for reasonable attorney’s fees and court costs incurred,
and if not paid said fees and costs shall become a lien against the
person’s property.
A.
Where a person has violated a provision of this Part
3, he/she may be eligible for alternative remedies in lieu of a civil
penalty, upon recommendation of the City Attorney and concurrence
of the Director, where:
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this Part 3 is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator’s expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken, in which event the person shall be
liable for reasonable attorney’s fees and court costs incurred
by the City, and if not paid said fees and costs shall become lien
against the violator’s property.
The remedies listed in this Part 3 and regulations
are not exclusive of any other remedies available under any applicable
federal, state or local law, and it is within the discretion of the
authorized enforcement agency to seek cumulative remedies.
