When the director finds that a person has violated a prohibition or failed to meet a requirement of this title, the director may order compliance through one or more of the following procedures. Recurring violations will result in enforcement procedures with escalating requirements. The director may, at his discretion, choose the following enforcement procedures appropriate to the violation:
A. 
Verbal Warning. The director, or his designee, may direct compliance with this title through a verbal warning issued to the violator. A verbal warning will include specific information describing the violation, specific actions required to remedy the violation, an expected time for performance, and referral to technical guidance available to the violator.
B. 
Notice of Violation. The director may require compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. 
The elimination of illicit connections or discharges;
2. 
The violating discharges, practices or operations shall cease and desist;
3. 
The performance of monitoring, analyses and reporting;
4. 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of the MS4 facilities;
5. 
Implementation of source control or treatment BMP;
6. 
Payment of a fine.
If abatement of a violation and/or restoration of the MS4 facilities is required, the notice shall set forth a date within which remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the city or a contractor designated by the director and expense thereof shall be charged to the violator.
C. 
Show Cause Hearing. The director may order a user which has violated or continues to violate this title to appear before the director and show cause why the proposed enforcement action should not be taken. Notice of the hearing shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. A show cause hearing shall not be a bar against, or prerequisite for, taking any action against the user.
(Ord. 27-09; Ord. 12-10 § 1.04; Ord. 42-19 § 1)
Any person receiving a notice of violation may appeal the determination of the director.
Persons desiring to appeal notice of violation and/or fines must file a written request for the director to reconsider the violation and/or fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the director shall convene a hearing on the matter within 15 days of receiving the request from the violator. In the event the person's appeal is successful, the payment together with any interest accruing thereto shall be returned to the person.
The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(Ord. 27-09; Ord. 12-10 § 1.04; Ord. 42-19 § 1)
The director is authorized to direct abatement of any violation of this title that constitutes an immediate threat to the health, safety or well-being of the public, or results from persistent noncompliance by a violator. Any expense related to such abatement undertaken by the city shall be fully reimbursed by the property owner and/or responsible party.
Within 30 days after abatement by the city, the director shall notify the property owner and/or responsible person of the cost of abatement, including administrative costs. Unpaid charges shall, after 30 calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the violator's property will be sought for unpaid charges.
Violators desiring to dispute such charges must file a written request for the director to reconsider the charges along with full payment of the charges within 30 days of being notified of the charges. Where a request has merit the director shall convene a hearing on the matter within 15 days of receiving the request. In the event the violator's appeal is successful, the payment, together with any interest accruing thereto, shall be returned.
The city may add the costs of preparing administrative enforcement actions to the charges.
(Ord. 27-09; Ord. 12-10 § 1.04; Ord. 42-19 § 1)
For repeated violations of this title and persistent noncompliance with written enforcement directives, the director may order payment of administrative fines. The fines in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law. An administrative fine may be no less than $100.00 and no more than $5,000 per violation.
(Ord. 27-09; Ord. 12-10 § 1.04; Ord. 42-19 § 1)
It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of this title. If a person has violated or continues to violate the provisions of this title, the city may:
A. 
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; and/or
B. 
Assess civil penalties in an amount not less than $100.00 and not more than $5,000 per day for each day of violation. Payment of this penalty does not relieve the person of the duty to correct the violation.
In the event more than one person is determined to have violated the sections of this title, all applicable civil penalties may be imposed against each person and recoverable damages, costs and expenses may be allocated among the persons on any equitable basis. The city may recover all attorney's fees, court costs and other expenses associated with enforcement of this title.
(Ord. 27-09; Ord. 12-10 § 1.04; Ord. 42-19 § 1)