[Ord. 1129-2008, 5-22-2008]
A. Notice of Violation: Whenever the City of Tahlequah finds that a
person has violated a prohibition or failed to meet a requirement
of this part, the Administrator may order compliance by written notice
of violation to the responsible person. Such notice may be accompanied
by a stop work order and may require, without limitation:
1. The performance of monitoring, analyses, and reporting:
a. The elimination of illicit connections or discharges;
b. That violating discharges, practices, or operations shall cease and
desist;
c. The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
d. Payment of fines, abatement and remediation costs; and
e. The implementation of source control or treatment BMPs.
2. The notice of violation shall set forth a notification and compliance
period of at least 15 days for the violator to comply with the requirements
of the notice or submit in writing to the Administrator an explanation
of the violation and a satisfactory plan for the correction and prevention
of the violation, except that when an imminent hazard exists, the
Administrator may require that corrective work begin immediately.
The notification and compliance period will begin on the day the notice
is mailed to the violator or the day the notice is posted on the property
having the violation, except that when an imminent hazard exists,
the Administrator may order an immediate summary abatement action
to abate the violation. At the time of mailing of notice, the City
shall obtain a receipt of mailing from the postal service, which receipt
shall indicate the date of mailing and the name and address of the
violator. Said notice shall further advise that, should the violator
fail to comply with the requirements of the notice by the established
deadline, the work necessary to achieve compliance may be done by
the City of Tahlequah or a designated contractor and the costs thereof
shall be charged to the violator. Submission of a satisfactory plan
for the correction and prevention of the violation in no way relieves
the person of liability for any violation(s) occurring before or after
receipt of the notice of violation. Issuance of a notice of violation
shall not be prerequisite to taking any other enforcement action.
B. Penalty: Any person, firm or corporation who violates any provision
of this part, upon conviction, shall be punished by a fine not exceeding
$1,000 or 30 days in jail, or both, plus court costs as set by the
City, as well as abatement costs if applicable. Each day or any portion
of a day during which any violation of this chapter shall continue
shall constitute a separate offense.
C. Violations Deemed a Public Nuisance: Any violation of this part shall
be deemed a public nuisance. The Administrator may authorize abatement
actions to protect public health, safety, and welfare. Authorization
of an abatement action shall grant agents of the City of Tahlequah
or a designated contractor the right to enter upon the subject property
to perform the required abatement work. In addition to the enforcement
processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this part may be
deemed a threat to public health, safety, and welfare, and is declared
and deemed a nuisance, and may be abated or restored at the violator's
expense, and/or civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken.
D. Abatement, Remediation and Restoration:
1. The City has the power to define and abate nuisances within its corporate limits and for the protection of the public health, protection of public resources, and the public water supply inside or outside of its corporate limits as provided in Section 16, 50 Oklahoma Statutes. Public nuisances will be abated in accordance with the procedures established in Sections
8-105 through
8-114 of this Code.
2. Prior to commencement by the City of Tahlequah of any abatement,
restoration, remediation, or other ordered work, the City of Tahlequah
shall file a notice of lien with the county Clerk describing the property
and stating that the City claims a lien on the property for the abatement,
restoration, or remediation costs and that such costs are the personal
obligation of the property owner, except that when an imminent hazard
exists, the Administrator may file a notice of lien as soon as practicable
after the initiation of any summary abatement action.
3. If the violation has not been corrected pursuant to the requirements
and within the time period set forth in the notice of violation, then
agents of the City of Tahlequah or a designated contractor are authorized
to enter upon the subject property to perform the required abatement,
restoration, remediation, or other ordered work.
4. It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the authorized enforcement agency
or designated contractor to enter upon the premises for the purposes
set forth above.
E. Demand for Payment, Liens, and Certified Statements of Cost: After
abatement, restoration, or remediation of a violation has occurred,
the Administrator shall determine the actual cost of the abatement,
restoration, or remediation and any other expenses as may be necessary
in connection therewith, including, but not limited to, sampling and
field testing costs, laboratory costs, and the cost of the notice
and mailing. The City of Tahlequah shall forward by mail to the property
owner a statement of the actual cost and demanding payment. At the
time of mailing of notice, the City shall obtain a receipt of mailing
from the postal service, which receipt shall indicate the date of
mailing and the name and address of the mailee. If the amount due
is not paid within 30 days from the date of mailing of the statement,
the City of Tahlequah shall forward a certified statement of the amount
of cost to the county Treasurer of the county in which the property
is located, and the same shall be levied on the property and collected
by the county Treasurer and shall continue until the cost shall be
fully paid. Any person violating any of the provisions of this chapter
shall become liable to the City by reason of such violation. At any
time prior to the collection as provided herein, the City may pursue
any civil remedy for collection of the amount owing and interest thereon.
F. Suspension of MS4 Access: Access to the MS4 may be suspended.
1. The Administrator 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 or waters of Oklahoma. If the violator fails
to comply with a suspension order issued in an emergency, the Administrator
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of Oklahoma, or to minimize danger to persons.
2. A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this chapter, without the prior approval
of the Administrator.
G. Restoration of Lands: Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Tahlequah
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
H. Injunctive Relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this chapter, the City of Tahlequah may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
I. Remedies Not Exclusive. 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 City of
Tahlequah to seek cumulative remedies.
J. Appeals. The property owner and/or mortgage holder shall have a right
to appeal to the City council from any order of the abatement board.
Such appeal shall be taken by filing written notice of appeal with
the City Clerk within 10 days after the abatement board order is rendered.