[11-7-2018 by Ord. No.
1753]
(a)
Any person violating any provision of this article other than Sections 29-117, 29-125 and 29-127, and except as provided in Subsection (b) of this section, shall be responsible for a municipal civil infraction and subject to a fine of not less than $500 for a first offense, and not less than $1,000 for a subsequent offense, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961[1] and other applicable laws, including, without limitation,
equitable relief. Each day such violation occurs or continues shall
be deemed a separate offense and shall make the violator liable for
the imposition of a fine for each day. The rights and remedies provided
for in this section are cumulative and in addition to any other remedies
provided by law. An admission or determination of responsibility shall
not exempt the offender from compliance with the requirements of this
article.
[1]
Editor's Note: See MCLA § 600.101 et seq.
(b)
For purposes of this section, "subsequent offense" means a violation
of the provisions of this article committed by the same person within
12 months of a previous violation of the same provision of this article
for which said person admitted responsibility or was adjudicated to
be responsible.
(c)
Any person who neglects or fails to comply with a stop-work order issued under Section 29-148 shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 93 days, or both such fine and imprisonment, and such person shall also pay such costs as may be imposed in the discretion of the court.
(d)
Any person who aids or abets a person in a violation of this article
shall be subject to the sanctions provided in this section.
[11-7-2018 by Ord. No.
1753]
Where there is work in progress that causes or constitutes in
whole or in part, a violation of any provision of this article, the
City is authorized to issue a stop-work order so as to prevent further
or continuing violations or adverse effects. All persons to whom the
stop-work order is directed, or who are involved in any way with the
work or matter described in the stop-work order, shall fully and promptly
comply therewith. The City may also undertake, or cause to be undertaken,
any necessary or advisable protective measures so as to prevent violations
of this article or to avoid or reduce the effects of noncompliance
herewith. The cost of any such protective measures shall be the responsibility
of the owner of the property upon which the work was performed.
[11-7-2018 by Ord. No.
1753]
In addition to any other remedies, should any owner fail to
comply with the provisions of this article, the City may, after the
giving of reasonable notice and opportunity for compliance, have the
necessary work done, and the owner shall be obligated to promptly
reimburse the City for all costs of such work.
[11-7-2018 by Ord. No.
1753]
When emergency measures are necessary to moderate a nuisance,
to protect public safety, health and welfare, and/or to prevent loss
of life, injury or damage to property, the City is authorized to carry
out or arrange for all such emergency measures. Property owners shall
be responsible for the cost of such measures made necessary as a result
of a violation of this article and shall promptly reimburse the City
for all of such costs.
[11-7-2018 by Ord. No.
1753]
A discharger shall be liable for all costs incurred by the City
as the result of causing a discharge that produces a deposit or obstruction,
or causes damage to, or impairs a storm drain, or violates any of
the provisions of this article. Costs include, but are not limited
to, those penalties levied by the EPA or DEQ for violation of an NPDES
permit, attorney fees, and other costs and expenses.
[11-7-2018 by Ord. No.
1753]
Costs incurred by the City pursuant to Sections 29-148, 29-149, 29-150, 29-151 and 29-164, shall be a lien on the premises which shall be enforceable in accordance with the Revenue Bond Act, Public Act 94 of 1933 (MCLA § 141.101 et seq.). Any such charges which are delinquent for six months or more may be certified annually to the City Treasurer, who shall enter the lien on the next tax roll against the premises, and the costs shall be collected and the lien shall be enforced in the same manner as provided for in the collection of taxes assessed upon the roll and the enforcement of a lien for taxes. In addition to any other lawful enforcement methods, the City shall have all remedies authorized by such Act.
[11-7-2018 by Ord. No.
1753]
Any person to whom any provision of this article has been applied
may appeal in writing, not later than 30 days after the action or
decision being appealed from, to the City Council the action or decision
whereby any such provision was so applied. Such appeal shall identify
the matter being appealed, and the basis for the appeal. The City
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 City Council may consider the recommendations of
the City Engineer and the comments of other persons having knowledge
of the matter. In considering any such appeal, the City Council may
grant a variance from the terms of this article 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 article provisions being appealed will present
or cause practical difficulties for a development or development site;
provided, however, that practical difficulties shall not include the
need for the developer to incur additional reasonable expenses in
order to comply with the article; and
(b)
The granting of the relief requested will not substantially prevent
the goals and purposes sought to be accomplished by this article,
nor result in less effective management of stormwater runoff.
[11-7-2018 by Ord. No.
1753]
(a)
Suspension due to illicit discharges in emergency situations. The
City may, without prior notice, suspend MS4 discharge access to a
person when such suspension is necessary to stop an actual or threatened
discharge, which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons,
or to the MS4. If the violator fails to comply with a suspension order
issued in an emergency, the City may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or the environment, or to
minimize danger to the health or welfare of persons.
(b)
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have the person's
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The City will notify a violator of the proposed
termination of the violator's MS4 access. A person commits an offense
if the person reinstates MS4 access to premises terminated pursuant
to this section, without the prior approval of the City.
[11-7-2018 by Ord. No.
1753]
The City shall implement a method for tracking instances of
noncompliance. The tracking procedure shall ensure that detailed information
about noncompliance and follow up enforcement action is adequately
documented, including at a minimum:
