Any action or inaction that violates any provision of this chapter and/or the requirements of a recorded stormwater maintenance agreement, may be subject to the enforcement actions set forth in this article. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties set forth below shall not prevent such equitable relief.
(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)
(a) 
Whenever the city finds that a person has violated a provision of this chapter or has failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation, all or some of the following measures:
(1) 
Performance of monitoring, analysis and reporting;
(2) 
Proof of the elimination of illicit connections or discharges;
(3) 
Termination of violating discharges, practices or operations;
(4) 
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, if any, borne by the city;
(6) 
Implementation or maintenance of source control or treatment control measures; and/or
(7) 
A plan to eliminate illicit discharges.
(b) 
If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline by which such remediation or restoration must be completed. The notice shall further advise that, should the violator fail to comply by the established deadline, the work may be performed by the city, or by a contractor designated by the city, and the costs for such work shall be charged to the property owner. If the property owner fails to reimburse the city, a lien upon and against the property may be imposed and shall remain in force until the amount is paid. Said lien shall be imposed and collected in accordance with the applicable provisions of state law and of this Code.
(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)
In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.
(a) 
Stop work order. The city may issue a stop work order, which shall be served on the property owner or other responsible person. The stop work order shall remain in effect until the property owner or other responsible person has implemented the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the property owner or other responsible person to implement the necessary remedial measures to cure the violation or violations.
(b) 
Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the property owner or other responsible person has implemented the remedial measures set forth in the notice of violation or has otherwise resolved the violations described therein.
(c) 
Suspension, revocation or modification of permit. The city may suspend, revoke or modify permits issued by the city. A suspended, revoked or modified permit may be reinstated after the property owner or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise resolved the violations described therein, provided such permit may be reinstated upon such conditions as the city may deem necessary to enable the property owner or other responsible person to take the necessary remedial measures to cure such violations.
(d) 
Civil penalties. In the event the property owner or other responsible person fails to take the remedial measures set forth in the notice of violation, the city may impose a penalty not to exceed five thousand dollars (depending on the severity of the violation) for each violation for each day the violation(s) continue(s).
Civil penalties may be imposed either on a daily basis or on a per-gallon basis, but not both, for any discharge of non-stormwater to storm drains that violates any provision of this chapter. Civil penalties imposed on a daily basis shall not exceed five thousand dollars for each day or portion of a day that the discharge occurs, and civil penalties imposed on a per-gallon basis shall not exceed ten dollars for each gallon of discharge. The total civil penalty imposed shall be determined by taking into consideration some or all of the following factors: the nature, circumstances, extent, and gravity of the discharge, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on the violator's ability to remain in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, the economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.
(e) 
Criminal penalties. Any person who knowingly or wilfully violates any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by six months imprisonment, or both. Each act of violation and each day on which a violation occurs or continues shall constitute a separate offense.
(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)
(a) 
Any person aggrieved by an action or decision of the director may file a written notice of appeal with the city manager within ten calendar days from the date of the action or decision. If an appeal is not filed within that time, the determination of the director shall be final. The written notice of appeal shall set forth in detail all the facts supporting the appellant's request. The written notice of appeal shall be accompanied by the applicable fee to cover the costs of the appeal.
(b) 
The city manager shall within fifteen days of receiving the written notice of appeal designate an impartial hearing officer to hear the appeal and mail written notice to the appellant of the hearing date, time, and place at least ten business days before the hearing. The hearing date shall not be more than thirty days from the mailing of such notice to the appellant. Employees of the city shall not be eligible to serve as the hearing officer. A notice of the time and place for the hearing shall be published in a newspaper of general circulation in the city.
(c) 
If the appellant wishes to have the hearing transcribed, the appellant may request that a court reporter be present at the hearing. The appellant shall bear all costs and expenses of the transcription.
(d) 
At the hearing, the appellant shall have the opportunity to present information supporting his or her position with respect to the director's action or decision. After the conclusion of the hearing, the hearing officer shall submit a written report to the city manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify, or reverse the director's action or determination. Upon receipt of the written report, the city manager shall make a determination and shall issue a decision and order within thirty calendar days of the hearing. The city manager's written decision and order shall be sent by certified mail to the appellant or to appellant's attorney if appellant is represented by one. The decision of the city manager shall be final.
(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)
The remedies set forth in this article are in addition to, and do not supersede or limit any and all other available remedies, either civil or criminal. The remedies set forth in this article shall be cumulative to, and not exclusive of, each other.
(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)