The authorized enforcement agency is authorized, after giving
reasonable notice and opportunity for compliance, to correct any violation
of this chapter or damage or impairment to the stormwater drainage
system caused by a discharge and to bill the person causing the violation
or discharge for the costs of the work to be reimbursed. The reimbursable
costs under this section shall be in addition to fees, amounts or
other costs and expenses required to be paid to the authorized enforcement
agency under other sections of this chapter. What is reasonable notice
and opportunity for compliance shall be determined by the authorized
enforcement agency given the facts of the situation.
If emergency measures are necessary to respond to a nuisance;
to protect public safety, health, and welfare; and/or to prevent loss
of life, injury, or damage to property, the authorized enforcement
agency is authorized to carry out or arrange for all such emergency
measures. The authorized enforcement agency shall provide written
notice to the property owner of the need to take emergency measures,
the actions taken, and the costs of said measures. Property owners
shall be responsible for the cost of such measures made necessary
as a result of a violation of this chapter, and shall promptly reimburse
the Village for all of such costs.
Any person who discharges to a stormwater drainage system or
a water body, including, but not limited to, any person who causes
or creates a discharge that violates any provision of this chapter,
produces a deposit or obstruction or otherwise damages or impairs
a stormwater drainage system, or causes or contributes to a violation
of any federal, state, or local law governing the Village shall be
liable to and shall fully reimburse the Village for all expenses,
costs, losses or damages (direct or indirect) payable or incurred
by the Village as a result of any such discharge, deposit, obstruction,
damage, impairment, violation, exceedance or noncompliance. The costs
that must be reimbursed to the Village shall include, but shall not
be limited to, all of the following:
A. All costs incurred by the Village in responding to the violation
or discharge, including expenses for any cleaning, repair or replacement
work, and the costs of sampling, monitoring, and treatment, as a result
of the discharge, violation, exceedance or noncompliance.
B. All costs to the Village of monitoring, surveillance, and enforcement
in connection with investigation, verifying, and prosecuting any discharge,
violation, exceedance, or noncompliance.
C. The full amount of any fines, assessments, penalties, and claims,
including natural resource damages, levied against the Village, or
any Village representative, by any governmental agency or third party
as a result of a violation of applicable laws or regulations that
is caused by or contributed to by any discharge, violation, exceedance,
or noncompliance.
D. The full value of any Village staff time (including any required
overtime), consultant and engineering fees, and actual attorney fees
and defense costs (including the Village legal counsel and any special
legal counsel), associated with responding to, investigating, verifying,
and prosecuting any discharge, violation, exceedance or noncompliance,
or otherwise enforcing the requirements of this chapter.
Any person to whom any provision of this chapter has been applied
may appeal in writing to the Village Council, not later than 30 days
after the action or decision being appealed. Such appeal shall identify
the matter being appealed, and the basis for the appeal. The Village
Council shall consider the appeal and make a decision whereby it affirms,
rejects, or modifies the action being appealed. In considering any
such appeal, the Village Council may consider the recommendations
of the authorized enforcement agency and the comments of other persons
having knowledge or expertise regarding the matter. In considering
any such appeal, the Village Council may grant a temporary variance
from the terms of this chapter so as to provide relief, in whole or
in part, from the action being appealed, but only upon finding that
the following requirements are satisfied:
A. The application of the chapter provisions being appealed will present
or cause unnecessary hardship for the person appealing; provided,
however, that unnecessary hardship shall not include the need for
a property owner to incur additional reasonable expenses in order
to comply with the chapter; and
B. The granting of the relief requested will not prevent accomplishment
of the goals and purposes of this chapter, nor result in less effective
management of stormwater runoff.
With the approval of the Village, the authorized enforcement
agency may institute legal proceedings in a court of competent jurisdiction
to seek all appropriate relief for violations of this chapter or of
any permit, order, notice or agreement issued or entered into under
this chapter. The action may seek temporary or permanent injunctive
relief, damages, penalties, costs, and any other relief, at law or
equity that a court may order. The authorized enforcement agency may
also seek collection of fines, penalties and any other amounts due
to the Village that a person has not paid.
The imposition of a single penalty, fine, order, damage, or
surcharge upon any person for a violation of this chapter, or of any
permit, order, notice or agreement issued, or entered into under this
chapter, shall not preclude the imposition by the Village, the authorized
enforcement agency, or a court of competent jurisdiction of a combination
of any or all of those sanctions and remedies or additional sanctions
and remedies with respect to the same violation, consistent with applicable
limitations on penalty amounts under state or federal laws or regulations.
A criminal citation and prosecution of a criminal action against a
person shall not be dependent upon and need not be held in abeyance
during any civil, judicial, or administrative proceeding, conference,
or hearing regarding the person.