[Ord. No. 153, 7-22-2010]
A. Whenever the City finds that a person has violated a prohibition
or failed to meet a requirement of this Chapter, the Director may
order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
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; and
5.
Payment of a fine to cover administrative and remediation costs;
and
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 work will be done by the City or a contractor designated by the City and the expense thereof shall be charged to the violator pursuant to Section
515.430 below.
[Ord. No. 153, 7-22-2010]
Notwithstanding the provisions of Section
515.450 below, any person receiving a notice of violation under Section
515.410, above, may appeal the determination of the City. The notice of appeal must be received by the City Board of Aldermen within ten (10) days from the date of the notice of violation. Hearing on the appeal before the City Board of Aldermen or their designee shall take place within thirty (30) days from the date of City's receipt of the notice of appeal. The decision of the City Board of Aldermen or designee shall be final.
[Ord. No. 153, 7-22-2010]
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 under Section
515.420, within thirty (30) days of the decision of the City Board of Aldermen upholding the decision of the City, then the City or a contractor designated by the City shall enter upon the subject private property and is authorized to take any and all measures necessary 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 City or designated contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 153, 7-22-2010]
A. Within thirty (30) days after abatement of the nuisance by City,
the City shall notify the owner of the property of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment with the City Clerk
within fifteen (15) days. The City Clerk shall set the matter for
public hearing by the City Board of Aldermen. The decision of the
City Board of Aldermen shall be set forth by resolution and shall
be final.
B. If the amount due is not paid within ten (10) days of the decision
of the City Board of Aldermen or the expiration of the time in which
to file an appeal under this Section, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. A copy of the resolution
shall be turned over to the County Auditor so that the auditor may
enter the amounts of the assessment against the parcel as it appears
on the current assessment roll, and the tax collector shall include
the amount of the assessment on the bill for taxes levied against
the parcel of land.
[Ord. No. 153, 7-22-2010]
The City is authorized to require immediate abatement of any
violation of this Chapter that constitutes an immediate threat to
the health, safety or well-being of the public. If any such violation
is not abated immediately as directed by the City, the City of Duquesne
is authorized to enter onto private property and to take any and all
measures required to remediate the violation. Any expense related
to such remediation undertaken by the City of Duquesne shall be fully
reimbursed by the property owner and/or responsible party. Any relief
obtained under this Section shall not prevent the City from seeking
other and further relief authorized under this Chapter.
[Ord. No. 153, 7-22-2010]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. A violation of or failure to comply with any of the requirements of this Chapter shall constitute an ordinance violation and shall be punished as set forth in Section
100.220 of the City Code.
[Ord. No. 153, 7-22-2010]
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Chapter, the City may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
[Ord. No. 153, 7-22-2010]
In addition to the enforcement processes and penalties hereinbefore
provided, 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 by the City at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken by the City.
[Ord. No. 153, 7-22-2010]
Any person who violates any provision of this Chapter or any
provision of any requirement issued pursuant to this Chapter may also
be in violation of the Clean Water Act and/or the Missouri Clean Water
Law and may be subject to the sanctions of those acts, including civil
and criminal penalties. Any enforcement action authorized under this
Chapter shall also include written notice to the violator of such
potential liability.