[HISTORY: Adopted by the Council of the City of New Rochelle 5-15-2007 by L.L. No. 5-2007. Amendments noted where applicable.]
Coastal erosion hazard areas — See Ch. 127.
Impervious surfaces — See Ch. 178.
Property maintenance — See Ch. 250.
Zoning — See Ch. 331.
Land development — See Ch. A361.
Editor's Note: This chapter, which was formerly titled “Nonstormwater Discharges,” was retitled 9-24-2007 by Ord. No. 216-2007.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the City Council of the City of New Rochelle has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the City of New Rochelle and the protection and enhancement of its physical environment. The City Council of the City of New Rochelle may include in any local law provisions for the appointment of any municipal officer, employee, or independent contractor to effectuate, administer and enforce such local law.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of New Rochelle through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by Federal and State law. This chapter, entitled "Regulation of NonStormwater Discharges," establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:
To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system; and
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED ENFORCEMENT AGENCY
- Bureau of Buildings and Department of Public Works.
- BEST MANAGEMENT PRACTICES (BMPS)
- Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
- HAZARDOUS MATERIALS
- Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- ILLEGAL DISCHARGE
- Any direct or indirect nonstormwater discharge to the storm drain system, except as specifically exempted by this chapter.
- ILLICIT CONNECTIONS
- Either of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allows any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and also approved by an authorized enforcement agency.
- INDUSTRIAL ACTIVITY
- Activities subject to NPDES Industrial Permits as defined in 40 CFR 122.26 (b)(14).
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the EPA [or by a New York State authority delegated pursuant to 33 USC § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
- NONSTORMWATER DISCHARGE
- Any discharge to the storm drain system that is not composed entirely of stormwater.
- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
- Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- STORM DRAINAGE SYSTEM
- Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
- Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
- STORMWATER MANAGEMENT PRACTICES (SMP)
- Measures, either structural or non-structural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
- Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
This chapter shall apply to all water entering the Storm Drain System generated on any developed and undeveloped lands unless explicitly exempted herein.
For the purposes of this chapter, the following activities are exempt from review:
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer;
Any part of a subdivision if a plat for the subdivision has been approved by the City of New Rochelle on or before the effective date of this chapter;
Land development activities for which a building permit has been approved on or before the effective date of this chapter;
Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles;
Emergency activity immediately necessary to protect life, property or natural resources;
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family; and
Landscaping and horticultural activities in connection with an existing structure.
The Bureau of Buildings shall administer, implement, and enforce the provisions of this chapter with respect to privately owned property. Any powers granted or duties imposed upon this Department may be delegated in writing by the Building Official.
The Department of Public Works shall administer, implement, and enforce the provisions of this chapter with respect to public property. Any powers granted or duties imposed upon this Department may be delegated in writing by the Commissioner of Public Works.
The Commissioner of Public Works shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the Planning Board with respect to applications for site plan approval and/or subdivision plat approval or to the Building Official for all other applications. The Stormwater Management Officer may:
Personally review the plans;
Upon approval of the Commissioner of the Department of Public Works, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by the City Council; or
Accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the municipal Storm Drain System any materials other than stormwater, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
The commencement, conduct or continuance of any Illegal Discharge to the Storm Drainage System is prohibited except as described as follows:
Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically less than one PPM chlorine), fire-fighting activities, and any other water source not containing Pollutants;
Discharges specified in writing by the Authorized Enforcement Agency as being necessary to protect public health and safety;
Dye testing, but only with a verbal notification to the Authorized Enforcement Agency prior to the time of the test; and
Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
Prohibition of Illicit Connections.
The construction, use, maintenance or continued existence of Illicit Connections to the Storm Drain System is prohibited.
This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
Suspension due to Illicit Discharges in Emergency Situations. The Building Official or Commissioner of Public Works may, without prior notice, suspend discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge.
Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Agency within 10 days of such notice for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Authorized Enforcement Agency.
Permit Required. All applications for approval of a land development activity shall require a Stormwater Pollution Prevention Plan (SWPPP) prepared by a landscape architect, certified professional or professional engineer, signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
Contents of Stormwater Pollution Prevention Plan. All SWPPPs shall provide the following background information and erosion and sediment controls:
Information about the scope of the project, including location, type and size of project;
Site map/construction drawings(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s);
Description of the soils present at the site;
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance;
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the site and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
Implementation schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
Any existing data that describes the stormwater runoff at the site.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Building Official prior to the allowing of discharges to the MS4.
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made. The certification statement(s) shall become part of the SWPPP for the land development activity.
A copy of the SWPPP shall be retained at the site of the land development activity during the period of construction.
Applications requiring Planning Board approval that create 1/2 acre (1/4 acre in the Coastal Zone) or more of new or additional impervious surface shall incorporate plans for the construction of a retention basin capable of retaining and treating the first 1/2 inch of runoff resulting from a one-year, twenty-four-hour storm event, whichever is greater, from the runoff of the newly constructed impervious areas. If it can be demonstrated to the satisfaction of the Planning Board that retention basins or extended detention facilities are not practical alternatives, other methods recommended in the current NYSDEC Stormwater Management Guidelines, such as reducing the impacts of stormwater runoff from new development, may be used as substitutes. Substitutes may also include the use of dry wells, swales, grit and/or oil separator and filter strips. The basin and all the necessary appurtenances shall be in accordance with the Department of Public Works requirements. In addition, the applicant shall utilize the Westchester County Best Management Practices Manual for Erosion and Sediment Control to prepare a sediment control plan acceptable to the Building Official. Oil/Grit separators or other water quality structures designed to capture oils and sediments shall be constructed to permit access for inspection and maintenance, and the owner shall submit maintenance reports together with a signed and notarized certification on a form supplied by the Building Official twice per year, once between April 15 and May 30 and once between October 15 and November 30, certifying that the oil/grit separator or other water quality structure was inspected and cleaned out during the above-described time periods and that said separators or other water quality structures are in working order. The owner shall be further required to post a long-term maintenance bond with respect to the performance of the maintenance required herein. If the maintenance bond expires or is used by the City in order to conduct the required inspection and cleaning in the event of default by the owner, then the City may serve an abatement notice for further expenses incurred by or on behalf of the City pursuant to the procedures set forth in § 200 of the City Charter.
Applications requiring Planning Board approval that involve disturbing more than one acre of land during construction must satisfy the applicable requirements of the Phase II SPDES general permit, and the standards of the NYSDEC for approval.
Documentation shall be provided to the Board demonstrating that the following requirements have been met, which shall be prepared by a professional engineer, landscape architect or certified professional in erosion and sediment control:
Management of soil erosion and sediment control during and after construction, in accordance with the Westchester County Best Management Practices Manual for Erosion and Sediment Control and NYSDEC requirements, whichever is more restrictive.
Treatment of the required volume of runoff from each area in terms of water quality.
Preparation of a draft Stormwater Pollution Prevention Plan (SWPPP) in accordance with this chapter.
All soil erosion and sediment control plans, design of splitter boxes, design of oil/grit separators, and water quality treatment measures and detention shall conform to the standards of the NYSDEC. Compliance shall be detailed on the plans submitted to the Planning Board for approval.
Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity or construction activity.
Access to Facilities.
The Building Official shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
Facility operators shall allow the Building Official ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
The Building Official shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.
The Building Official has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Building Official and shall not be replaced. The costs of clearing such access shall be borne by the operator.
Unreasonable delays in allowing the Building Official access to a permitted facility are a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with Industrial Activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
If the Building Official has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
Maintenance and Inspection Requirements.
During Construction. The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer or representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be delivered to the Stormwater Management Officer and copied to a site log book.
Prior to the issuance of any approval that includes permanent stormwater management practices ("SMP"), the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners. The easement shall provide for access to the premises at reasonable times for periodic inspection by the City of New Rochelle to ensure that the SMP is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Corporation Counsel.
The owner or operator of permanent SMP installed in accordance with this chapter shall ensure that it is operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
Written procedures for operations and maintenance and training new maintenance personnel.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.
Maintenance Agreements. The applicable approval authority shall approve a formal maintenance agreement binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The City of New Rochelle, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future SMP, provided such facilities meet all of the requirements of this chapter and includes adequate area, by easement or otherwise, for inspection and regular maintenance.
The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the SWPPP, including the cost of inspections during construction and postconstruction maintenance requirements under this chapter.
An applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert fees. The initial deposit shall be $10,000, which shall be placed in an escrow account at the time of submission of the application. The City's consultants/experts shall invoice the City for their services in reviewing the application or performing inspection/maintenance work. If at any time during the process this escrow account has a balance less than $1,000, the applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at least $3,000. Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the application. In the event that the amount held in escrow by the City is more than the amount of the actual invoicing for work performed through the date of issuance of a certificate of occupancy, the remaining funds shall be reimbursed to the applicant. The applicant shall, prior to the issuance of the Certificate of Occupancy, submit a long-term bond in an amount to be determined by the Commissioner of Public Works for maintenance to be conducted by the City as required by this chapter.
The total amount of the funds needed may vary with the scope and complexity of the project, the completeness of the application or certification and other information as may be needed to complete the necessary review, analysis, inspection and maintenance as required by this chapter.
The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an Illegal Discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the Storm Drain System, or water of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Building Official within three business days of the phone notice. If the illegal discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
Notice of Violation.
Whenever the Building Official or Commissioner of Public Works' representative finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
The performance of monitoring, analyses, and reporting;
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
Payment of a fine to cover administrative and remediation costs; and
The implementation of source control or treatment BMPs.
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 fails 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 in accordance with the procedures set forth in Section 200 of the City Charter.
Appeal of Notice of Violation. 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 City Manager 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 its designee shall be final.
Enforcement Measures after Appeal. 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 agency, then representatives of the authorized enforcement agency 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.
Cost of Abatement of the Violation. Within 10 days after abatement of the violation, the owner of the property or the lessee 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 pursuant to Section 200 of the City Charter. Any person violating any of the provisions of this section shall become liable to the City by reason of such violation.
Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Authorized Enforcement Agency 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.
Violations Deemed a Public Nuisance. 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 chapter 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.
Any person who has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of up to $1,000 per violation per day and/or imprisonment for a period of time not to exceed 15 days. Each and every day that a violation continues shall be deemed a separate violation.
The Authorized Enforcement Agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.