[Ord. of 5-7-2018]
Whenever the department of public works finds that a person
has violated a prohibition or failed to meet a requirement of the
ordinance, the director may order compliance by written notice of
violation to the responsible person. Such notice may require without
limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
The violating discharges, practices, or operations shall cease and
desist;
(d)
The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property;
(e)
The implementation of source control or treatment BMPs; and
(f)
A deadline within which such remediation or restoration must be completed.
[Ord. of 5-7-2018]
(a)
If such violation presents an immediate and imminent threat to life
or property, the Town may abate or remove such violation and bring
an action to recover the necessary costs for provision of public emergency
services required to abate the violation against the responsible party.
(b)
The Town may, after reasonable notice to the responsible party to
abate or remove the violation, and after no action by that responsible
part, remove or abate such violation acting through its own agents
or by contract with independent contractors and may collect the cost
thereof from the owner or occupants of the premises upon which the
violation is maintained in any manner provided for the collection
of state or local taxes, or by action against the responsible party
if the responsible party is other than the owner or occupant of the
premises upon which the violation is maintained.
[Ord. of 5-7-2018]
(a)
The department shall have the right at reasonable times to enter
onto private properties for the purposes of investigating a suspected
violation of this article. In the event the owner or person in control
of any premises refuses entry after a request to enter and inspect
has been made by the department, the Town is hereby empowered to seek
assistance from any court of competent jurisdiction in obtaining such
entry.
(b)
The owner or person in control of any premises, facility, operation
or residence where an illicit discharge or illicit connection is known
or suspected shall allow the department to have access to and copy
at reasonable times, any applicable state or federal permits related
to the suspected or known discharge or connection, and any reports
or records maintained in accordance with this article.
(c)
The failure of an owner or person in control of any premises to allow
such inspection by the department shall be cause for the issuance
of a cease and desist order, the issuance of a stop work order, withholding
of a certificate of occupancy, and civil penalties.
[Ord. of 5-7-2018]
(a)
Any person who knowingly violates any provision of this article shall
be guilty of a Class 1 misdemeanor. Each day that such violation is
committed, and each day that such violation is permitted to remain
uncorrected shall constitute a separate offense.
(b)
Any person who otherwise violates any provision of this article shall
be subject to a civil penalty between $250 and $1,000 for each day
that the violation continues. The court assessing such civil penalty
may order the penalty to be paid into the treasury of the Town and
designated for the purpose of minimizing, preventing, managing or
mitigating pollution of the waters of the Town.
(d)
Upon the request of the Town Manager, the Town Attorney shall initiate
appropriate legal action to enforce the provisions of this article.
(e)
The remedies provided for in this article are cumulative and not
exclusive, and shall be in addition to any other remedies provided
by law.
(f)
Neither the approval of a discharge under this article, nor compliance
with the conditions of such approval, shall relieve any person of
responsibility for damage to other persons or property or impose any
liability upon the Town for damage to other persons or property.
