[Ord. No. 11042013 §III, 11-4-2013]
A.
Whenever the Public Works Department finds a person has violated
a prohibition or failed to meet a requirement of this Chapter, the
Department may order compliance by written notice of violation to
the responsible person. Such notice may require, without limitation,
any or all of the following:
1.
The performance of monitoring, analyses and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices or operations shall cease
and desist;
4.
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
5.
Payment of a sum of money equivalent to the administrative and
remediation costs;
6.
The implementation of source control or treatment BMPs.
B.
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 violator may be prosecuted for a violation
of this Section, the City may seek injunctive relief or the work may
be done by the Public Works Department or a contractor and the expense
thereof shall be charged to the violator, all at the discretion of
the Director.
[Ord. No. 11042013 §III, 11-4-2013]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, then representatives of the
Public Works Department may enter upon the subject private property
and are authorized to take any and all measures as necessary and permitted
by law to abate the violation and/or restore the property. It shall
be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the Public Works Department or designated
contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 11042013 §III, 11-4-2013]
Within thirty (30) days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within thirty
(30) days after notification of costs, the charges shall become a
special assessment against the property and shall constitute a lien
on the property for the amount of the assessment.
[Ord. No. 11042013 §III, 11-4-2013]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Chapter. If
a person has violated or continues to violate the provisions of this
Chapter, the City 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.
[Ord. No. 11042013 §III, 11-4-2013]
In addition to the enforcement processes and penalties provided
herein, any condition caused or permitted to exist in violation of
any of the provisions of this Chapter 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.
[Ord. No. 11042013 §III, 11-4-2013]
A.
Any person that has violated or continues to violate this Chapter
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a penalty of no more than two hundred
dollars ($200.00) per violation per day for the first violation and/or
imprisonment for a period of time not to exceed ninety (90) days per
violation per day. Any person found guilty of a subsequent violation
shall be fined per violation per day no more than two hundred seventy-five
dollars ($275.00) for the second violation, three hundred fifty dollars
($350.00) for the third violation, and four hundred fifty dollars
($450.00) for the fourth and any subsequent violations, for offenses
committed within a twelve-month period.
[Ord. No. 12052016 § XXX, 12-5-2016]
B.
The City of Peculiar may recover all attorneys' fees, court
costs (fines or penalties assessed against the City by the Missouri
Department of Natural Resources) and other expenses associated with
enforcement of this Chapter, including sampling and monitoring expenses.
[Ord. No. 11042013 §III, 11-4-2013]
The remedies listed in this Chapter are not exclusive of any
other remedies available under any applicable Federal or State law
and it is within the discretion of the City to seek cumulative remedies.
