Loading...
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.)
(a) The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the City to seek cumulative remedies.
(b) The City shall also recover all attorney's fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(Ord. 03-08. Passed 3-18-08.)
(a) Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of five hundred dollars ($500.00) per violation per day and/or imprisonment for a period of time not to exceed ninety days.
(b) In addition to the penalty provided in this section, this chapter may be enforced by suit for injunction, action for damages, or any equitable relief appropriate to the enforcement of this chapter, including, but not limited to, that relief provided for M.C.L.A. 600.8302(4).
(Ord. 03-08. Passed 3-18-08.)