No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the public storm drainage system.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011)
It is unlawful for any person to trespass or be upon the lands and premises of the city upon which any public storm drainage facility is situated unless duly authorized by the city.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011)
A. 
Illicit discharges and connections to stormwater drainage systems are prohibited. Sites are subject to inspection for illicit discharges in accordance with this chapter. Prohibited discharges to any public or private stormwater facility that discharges to waters of the state are identified in Sumner Development Specifications and Standard Details.
B. 
Any illicit discharges now existing or hereafter installed are a violation of the NPDES Phase II permit and shall be abated immediately. If, after notification in accordance with this chapter, the property owner does not abate the illicit discharge as directed by the city, then the city shall have the authority to abate such discharges and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien.
C. 
The illicit discharge detection and elimination program will be implemented in accordance with the city's stormwater comprehensive plan and stormwater management plan developed in accordance with the NPDES Phase II permit.
D. 
Whenever implementing the provisions of the illicit discharge detection and elimination program or whenever there is cause to believe that a violation of this chapter has been or is being committed through illicit discharge or other means, the city is authorized to inspect during regular working hours and at other reasonable times all public or private stormwater drainage systems within the city to determine compliance with the provisions of this chapter.
E. 
Prior to making any inspections, the city's inspector shall present identification credentials, state the reason for the inspection and request entry.
1. 
If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. 
If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. 
The city may inspect the stormwater drainage system without consent if:
a. 
The inspection can be conducted while remaining on public property or on other property for which permission to enter is obtained; or
b. 
A warrant has been lawfully issued.
F. 
Illicit discharges shall be corrected in accordance with the provisions of this chapter.
G. 
Penalties for not complying with illicit discharge enforcement actions shall be assessed in accordance with the provisions of this chapter.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011)
A. 
Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.
B. 
Voluntary Compliance Agreement.
1. 
Initiation. Either a responsible party or the city may initiate negotiations for a voluntary compliance agreement at any time. The city has no obligation to enter into any voluntary compliance agreement.
2. 
Contents. A voluntary compliance agreement shall set forth actions to be taken by the responsible party that will correct past or existing violations of this chapter. It may also set forth actions to mitigate the impacts of violations. However, it must set forth a schedule for completion of the corrective and/or mitigating actions. It shall also contain a provision authorizing the city to inspect the premises to ascertain compliance with the agreement.
3. 
Effect of Agreement.
a. 
A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by a third party. All voluntary compliance agreements shall provide that, in the event the responsible party fails to perform in accordance with the terms and schedule set forth in the agreement, the city may perform the actions necessary to correct or mitigate any adverse impacts and the responsible party will pay the costs, expenses and damages the city incurs in performing the necessary actions. By entering into such agreement, the responsible party waives the right to an administrative appeal of the violation.
b. 
Penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary compliance agreement. If the responsible party fails to perform according to the terms and schedule of the agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.
4. 
The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the parties.
C. 
If a voluntary compliance agreement is not entered into, the city shall have the authority to issue an order to an owner or responsible party to abate the illicit discharge, maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, city regulations, the Ecology manual, and/or the LID manual. The order shall include:
1. 
A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur;
2. 
A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and
3. 
A reasonable time to comply, depending on the circumstances.
D. 
If the voluntary compliance agreement or enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater system. If at any time the city determines that the existing system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the facility shall be required.
E. 
The owner of the facility shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the city within 30 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements.
F. 
In the event the owner of the property fails to pay the city within 30 days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the county auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011)
The city engineer and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise, or otherwise dispose of a lawsuit when to do so will be in the best interest to the city; provided, that a report shall be submitted to the city council in any instance when a compromise settlement is negotiated.
(Ord. 2316 § 1 (part), 2010; Ord. 2356 § 11 (part), 2011)