When the City finds that any person has violated, or continues to violate, any provision of this Part
2, or any order issued under this Part
2, the City may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
Whenever the City finds that a person has violated a prohibition
or failed to meet a requirement of this Part 2, the City may order
compliance by written notice of violation to the responsible person.
A. The notice of violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure
or land upon which the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance
with this Part 2 and a time schedule for the completion of such remedial
action;
(5) A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6) A statement that the determination of violation may be appealed to
the City by filing a written notice of appeal within three days of
service of notice of violation; and
(7) A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by the City or a designated contractor and the expense shall
be charged to the violator.
B. Such notice may require without limitations:
(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 fine to cover administrative and remediation costs;
and
(6) The implementation of source control or treatment BMPs.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Part 2, the City may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
Any person that has violated or continues to violate this Part
2 shall be liable to criminal prosecution to the fullest extent of
the law, and shall be subject to a criminal penalty of $1,000 per
violation per day and/or imprisonment for a period of time not to
exceed five days. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
In the event of an appeal if the violation has not been corrected,
in accordance with the requirements set forth in the notice of violation,
within five business days of the decision of Council or Council's
designee upholding the decision of the City, then representatives
of the City shall enter upon the subject private property and are
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.
Within 30 calendar days after abatement of the violation, the
owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within five calendar days.
The City shall respond in writing within five business days to the
written protest of the property owner with a final determination.
If the amount due is not paid within a 30 calendar days or by the
expiration of the time in which to file an appeal, the charges shall
be a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provision of this Part 2 is a threat to public health, safety,
and welfare, and is declared and deeded 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.