(a)
Whenever the city finds that a person has violated a prohibition
or failed to meet a requirement of this article, the authorized enforcement
personnel may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(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 BMP’s.
(b)
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
(Ordinance 12-02 adopted 4/19/12)
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received within 10 days from the date of the notice of violation.
Hearing on the appeal before the appropriate authority or his/her
designee shall take place within 15 days from the date of receipt
of the notice of appeal. The decision of the municipal authority or
their designee shall be final.
(Ordinance 12-02 adopted 4/19/12)
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 10 days of the decision of the municipal authority upholding
the decision of the authorized enforcement personnel, then authorized
enforcement personnel 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 government agency or designated contractor to
enter upon the premises for the purposes set forth above.
(Ordinance 12-02 adopted 4/19/12)
(a)
Within 30 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 10 days. If the amount due is
not paid within a timely manner as determined by the decision of the
municipal authority or by the expiration of the time in which to file
an appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment.
(b)
Any person violating any of the provisions of this article shall
become liable to the city by reason of such violation. The liability
shall be paid in not more than 12 equal payments. Interest at the
rate of percent per annum shall be assessed on the balance beginning
on the first day following discovery of the violation.
(Ordinance 12-02 adopted 4/19/12)
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the city 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.
(Ordinance 12-02 adopted 4/19/12)
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the city may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek clean up, etc.
(Ordinance 12-02 adopted 4/19/12)
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 article is a threat to public health, safety,
and welfare, and is declared and deemed 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.
(Ordinance 12-02 adopted 4/19/12)
(a)
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of $500.00 dollars
per violation per day and/or imprisonment as decided by an appropriate
court.
(b)
The city may recover all attorney’s fees court costs and other
expenses associated with enforcement of this article, including sampling
and monitoring expenses.
(Ordinance 12-02 adopted 4/19/12)
The remedies listed in this article 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 to seek cumulative
remedies.
(Ordinance 12-02 adopted 4/19/12)
