(A) Enforcement.
(1) The stormwater engineer or any city police officer is hereby authorized to undertake the enforcement activities authorized by this section.
(2) The city may issue a Notice of Violation to any person who violates any provision of this article. The violator may be given an opportunity to respond to the Notice and propose corrective actions in a reasonable amount of time as determined by the stormwater engineer.
(B) Penalties.
(1) Criminal Penalties. Any person who violates any provision of this article is guilty of a petty misdemeanor and upon conviction thereof, shall be punished by a fine of not less than $250 nor more than $500 and up to 30 days in jail for each violation. Each day in which any violation shall occur shall constitute a separate offense. Prosecution or conviction under this section shall not preclude any civil remedy or relief for a violation of this article. Once cited for an offense, an additional citation may be issued for each day the violation continues unless the violator has entered into an agreement with the city for mitigation, correction, and any other necessary action and is acting in conformity with the agreement and the schedule in the agreement.
(2) Civil Penalties. In addition to or instead of criminal prosecution, where applicable, the city acting through the City Attorney, is hereby authorized to file an action in a court of competent jurisdiction to:
(a) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of this article;
(b) Enjoin the violation or threatened violation of the provisions of this ordinance;
(c) Recover civil penalties for violation of the terms, conditions and restrictions of this article;
(d) Recover civil penalties for violation of the provisions of this ordinance; or
(e) Recover damages from the owner of a parcel in an amount adequate for the city to undertake any construction remediation, cleanup, or other activity necessary to bring about compliance with this chapter. In addition to judicial remedies, such damages are recoverable through the imposition of a municipal lien on the parcel under NMSA 1978, §§ 3-36-1 to 3-36-5.
(C) The city, acting through the City Attorney, is hereby authorized to enter into agreements in lieu of litigation to achieve compliance with the provisions of this article.
(D) The city's authority in § 6-11-8 (A) and (B) is in addition to all provisions of these ordinances relative to the definition of offenses and the provision of penalties for violations of such offenses.