(a) Any person, firm, entity or corporation, including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter shall be notified in accordance with Section 1058.14. A separate offense shall be deemed committed each day during or on which a known and identified violation or noncompliance occurs or continues. If the person, firm, entity or corporation fails to make the necessary corrections within five calendar days after written notice, they may be fined up to two hundred dollars ($200.00) for each offense per day.
(b) The imposition of any other penalties provided herein shall not preclude the City instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the City.
(c) The penalties and fines set forth in division (a), above, may be levied in situations where the Storm Water Program Manager has determined the responsible party has failed to take corrective actions to resolve the violations. Situations such as adverse weather conditions including rain or freezing weather, continuance of other construction activities on site, and failure to abide by a Stop Work order issued against the site shall be taken into account by the City before enacting fines.
(d) In cases where the Storm Water Program Manager has determined it necessary to levy fines, documentation shall be provided to the offending party that shows that the original notice has not been appropriately been corrected in a timely manner, and list the appropriate violations of Sections 1058.14 and 1060.16. In special cases where corrective actions have been started but not to the acceptable practices of the Storm Water Program Manager, additional time may be granted before penalties are levied.
(Ord. 89-2012. Passed 6-25-12; Ord. 25-2013. Passed 3-25-13.)