Subd. 1. Illicit Discharges and Connections.
A. Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of § 20.04, the city may order compliance by sending written notice of the violation to the responsible person. Such notice may require without limitation:
1. The performance of monitoring, analyses and reporting;
2. The elimination of illicit connections or discharges;
3. Discharges, practices, or operations in violation of this section to cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
5. The implementation of source control or treatment BMPs.
B. The offending party may appeal the city's notice to the City Council. An appeal must be brought in writing no later than ten days from the date of the notice.
C. If abatement of a violation 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 offending party 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 will be charged to the offending party.
D. In the event that the abatement or restoration work is performed by the city, the city may charge the violator for its costs and expenses associated with the work. If the bill received for abatement or restoration is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees that the city may be holding or may certify the amount to the county for collection with the property taxes.
E. 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 ten 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.
F. 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 that would create further violations or compelling the person to perform abatement or remediation of the violation.
G. 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.
Subd. 2. Construction Site Erosion and Sediment Control. Stop-work order; revocation of permit. In the event that any person holding a site development permit pursuant to § 20.05 violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the site development permit. In addition, the city may, following the revocation of the site development permit, enter the premises to perform correction work. The cost of said correction work shall be an assessment on the underlying property.
Subd. 3. Post-construction stormwater management.
A. Violations. Any development activity that is commenced or is conducted contrary to § 20.06 may be restrained by injunction or otherwise abated in a manner provided by law.
B. Notice of Violation. When the city determines that an activity is not being carried out in accordance with the requirements of § 20.06, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
1. The name and address of the owner or applicant;
2. The address when available or a description of the building, structure or land upon which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
C. Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the city confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(Ord. 622, passed 12-1-14)