In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of these regulations is deemed 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.
A. 
When the municipality's SMO finds that a person has violated a prohibition or failed to meet a requirement of this Part 2, he/she may order compliance by written notice of violation to the responsible person.
(1) 
Such notice may require, without limitation:
(a) 
The elimination of illicit connections or discharges;
(b) 
That violating discharges, practices, or operations shall cease and desist;
(c) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(d) 
The performance of monitoring, analyses, and reporting;
(e) 
Payment of a fine; and/or
(f) 
The implementation of source control or treatment BMPs.
(2) 
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 fail 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.
B. 
Corrective measures.
(1) 
If the violation is corrected pursuant to the requirements set forth in the notice of violation, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
(2) 
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of these regulations shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of these regulations shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of these regulations. If a person has violated or continues to violate the provisions of these regulations, the SMO 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.
A. 
Where a person has violated a provision of these regulations, he/she may be eligible for alternative remedies in lieu of a civil penalty upon recommendation of the City Attorney and concurrence of the City of Ithaca Stormwater Management Officer, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of previous violations of these regulations.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy the violation.
(5) 
The violator cooperated in investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, stream or creek cleanup activities.
The remedies listed in these regulations 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.