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(a) Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City will initially request compliance with this chapter by issuing a voluntary compliance notice. Such a notice will contain the following information:
(1) A description of the discharge/connection that is in violation of this chapter;
(2) A description of the appropriate action to take to correct the violation;
(3) Deadline date to complete the corrective action; and
(4) Notice that failure to correct the violation prior to the deadline date will result in the issuance of a notice of violation - a legally enforceable citation compelling the offender to take action.
(b) If the deadline date contained in the voluntary compliance notice passes without satisfactory abatement of the violation, then the City shall issue a notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analysis, 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 storm water 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 Best Management Practices (BMPs). The technical details of such BMPs are discussed in the Stormwater Management Technical Reference Manual (TRM).
(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 violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor and the expense thereof shall be charged to the violator.
(Ord. 03-08. Passed 3-18-08.)
(a) Emergency Situations. The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or public waters. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or public waters, or to minimize danger to the persons.
(b) Illicit Discharge Detection. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(c) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City.
(Ord. 03-08. Passed 3-18-08.)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, then representatives of the City shall, in accordance with applicable law, enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation or restore the property, or both.
(Ord. 03-08. Passed 3-18-08.)
(a) Within thirty days after the 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 objecting to the amount of the assessment within fourteen days. If the amount due is not paid within a timely manner as determined by the decision of the City 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 not more than twelve equal monthly payments. Interest at the rate of eighteen percent per annum shall be assessed on the balance beginning on the thirtieth day following discovery of the violation.
(Ord. 03-08. Passed 3-18-08.)
Any development activity commenced without compliance with this chapter or any activity conducted contrary to the requirements of this chapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law or equity. The City may institute injunctive mandamus or other appropriate action for the enforcement of this chapter and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus, or other appropriate forms of remedy or relief.
(Ord. 03-08. Passed 3-18-08.)
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 City 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. 03-08. Passed 3-18-08.)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City may request a court to impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(Ord. 03-08. Passed 3-18-08.)
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