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 costs
reimbursable 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.
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. 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 investigating, 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 attorneys'
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 who has been cited for a violation of this chapter
or has been ordered to take action to comply with the provisions of
this chapter may appeal in writing to the Village Council of the Village
of Vicksburg 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 ordinance provisions being appealed will present
or cause unnecessary hardship for the property or premises owner appealing;
provided, however, that unnecessary hardship shall not include the
need for a property or premises 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.
The Village 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 Village may also seek
collection of fines, penalties and any other amounts assessed and
due to the Village that remain unpaid.
Any violation of this Ordinance shall be considered a civil
infraction, subject to a fine of not more than $500 together with
costs as provided for by ordinance. Each day a violation exists shall
be deemed a separate violation. A citation charging such a violation
may be issued by the Village's ordinance enforcement officer, or his
or her designee.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state, or local
law and it is within the discretion of the Village to seek cumulative
remedies.
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.