(a) 
Violations of provisions of this article or failure to comply with any of its requirements shall constitute an offense punishable by fine not to exceed two thousand dollars ($2,000.00) per violation, per day. Any person who violates this article shall, upon conviction thereof, be fined in accordance with the provisions of this article. Each day such violation continues shall be considered a separate offense.
(b) 
The owner or operator of any facility, construction site, structure, premises, or party thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(c) 
Violations of this article may be remedied using the procedures set forth in section 1.01.009 of this code. These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this article. in addition, the city manager may require without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit connections or discharge;
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
(4) 
The implementation of source control or treatment BMP.
(Ordinance 623-2015 adopted 11/19/15)
The city manager is authorized to require immediate abatement of any violation of this article that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the city manager, the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this article.
(Ordinance 623-2015 adopted 11/19/15)
In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the city manager may impose upon violator alternative compensatory actions such as storm sewer stenciling, attendance at compliance workshops, creek cleanup, etc.
(Ordinance 623-2015 adopted 11/19/15)
In addition to the enforcement processes and penalties hereinbefore 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 by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.
(Ordinance 623-2015 adopted 11/19/15)
(a) 
The city manager shall retain the authority to issue stop-work orders for any construction site in violation of this article.
(b) 
If the city manager determines that compliance is not being attained, that a construction site is operating in a dangerous or unsafe manner, or that conditions exist at a construction site that may lead to an illicit discharge, upon written notice of an issuance of a stop-work order, such work or conditions shall be immediately terminated or remedied. Written notice of such action shall be provided to the owner, operator, and responsible party of the construction site and shall state the conditions under which work may be resumed. However, where an emergency exists which may result in discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to property, natural resources, wildlife, or habitat written notice shall be delivered as soon as practicable.
(Ordinance 623-2015 adopted 11/19/15)
Any person who violates any provision of this article or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this article shall also include written notice to the violator of such potential liability.
(Ordinance 623-2015 adopted 11/19/15)
(a) 
Injunctive relief.
When the city manager finds that a person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the city manager may petition any court of competent jurisdiction, as appropriate, which restrains or compels the specific performance by that person of any requirement imposed by this article or any order issued hereunder. The city manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for a violator to conduct environmental remediation, abatement, or restoration. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(b) 
Civil suit under the Texas Water Code.
Whenever it appears that a violation of any provision of the Texas Water Code, or any rule, permit, or order of the TCEQ, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the TCEQ, may have a suit instituted in a state district court, through its attorney, for the injunctive relief or civil penalties or both authorized in chapter 7 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to chapter 7 of the Texas Water Code, and in suits brought thereunder, the TCEQ shall be a necessary and indispensable party.
(c) 
Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The city may take any, all, or any combination of these actions against a violator. The city is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently. All remedies are cumulative.
(Ordinance 623-2015 adopted 11/19/15)