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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 waters 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 Stormwater Manager 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 Stormwater Manager within three business days of the phone notice. If the 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.
(Ord. 78-07, passed 7-9-2007)
(a) Whenever the Stormwater Manager finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Stormwater Manager may order compliance by written notice of 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) That violating discharges, practices or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
(b) 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 performed by a designated governmental agency, or a contractor, and the expense thereof shall be charged to the violator.
(Ord. 78-07, passed 7-9-2007)
Any person receiving a notice of violation may appeal the determination of the Stormwater Manager. The notice of appeal must be mailed to the Clerk of the Municipal Court and post marked within 14 days from the date of the notice of violation. A hearing on the appeal before the Municipal Court shall take place no less than three nor more than 14 days from the date of receipt of the notice of appeal. Written notice of the hearing shall be sent to the parties by the Clerk of the Municipal Court.
(Ord. 78-07, passed 7-9-2007; Ord. 43-2014, passed 4-14-2014)
If the violation has not been corrected as per the requirements set forth in the notice of violation, or, in the event of an appeal, within 30 days of the decision of the Municipal Court affirming the decision of the Stormwater Manager, then representatives of the city shall enter upon the subject private property and are authorized to take any and all necessary measures to abate the violation and/or restore the property as authorized by law. 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.
(Ord. 78-07, passed 7-9-2007; Ord. 43-2014, passed 4-14-2014)
(a) Within 14 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Clerk of the Municipal Court objecting to the amount of the assessment within seven days after receiving notice of the costs of the abatement. The matter will be set for a hearing before the Municipal Court as provided in § 1061.13. If the amount due is not paid within a timely manner as determined by the decision of the Municipal Court, 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.
(b) Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. The liability shall be paid in no more than 12 equal payments. Interest at the rate of 8% per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(Ord. 78-07, passed 7-9-2007; Ord. 43-2014, passed 4-14-2014)
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 Stormwater Manager, through the city’s Law Department, 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.
(Ord. 78-07, passed 7-9-2007)
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