(A) Action for non-compliance on construction and demolition sites:
(1) Stop work order. If the city finds any existing condition not as stated in the application, SWP3, or approved plans, the administrator may issue a stop work order requiring that all construction activities halt when a construction site is in violation of this section. The stop work order may apply to all construction activity on the subject property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the city. The stop work order may order a work stoppage on all construction activity on buildings or structures and appurtenances thereto, including, but not limited to, building, electrical, plumbing, mechanical, street work, storm sewers, sanitary sewers, gas lines, and all utilities including, but not limited to, gas, electric, telephone and cable television. The administrator may also suspend or revoke any sediment and erosion control, site preparation, grading, earth change, construction or any other permit when any part of this section is violated. A stop work order may be accompanied with a notice of violation.
(2) Notice of violation. In the event work does not conform to the plans and specifications or to any conditions imposed by the city, a notice of violation shall be given to the permittee in writing. The notice shall set forth a notification and compliance period for the permittee to comply with the requirements of the notice, except that when an imminent hazard exists the administrator may require that corrective work begin immediately. The administrator may order an immediate abatement action to abate the violation. The notice shall further advise that should the permittee fail to comply with the requirements of the notice by the established deadline, the work necessary to achieve compliance may be done by the city or by a designated contractor and the expense thereof shall be charged to the permittee. Issuance of a notice to comply shall not be a prerequisite to taking any other enforcement action.
(3) Fines. The violation of any provision of this section, upon conviction, shall be punished by a fine not exceeding $1,000 or up to 30 days in jail or both plus court costs as set by the city. Each day or any portion of a day during which any violation of this section shall continue shall constitute a separate offense.
(4) Other actions. Other actions may be taken by the city, including, but not limited to, suspension of MS4 access, suspension of licenses and future permits, water supply severance, injunctive relief, abatement, remediation, and restoration of lands. The permittee shall be responsible for the costs incurred by the city. Failure to pay will result in the city seeking recovery of costs and damages pursuant to the conditions set forth in this chapter.
(B) Action for illicit discharges and illegal connections:
(1) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this part, the administrator may order compliance by written notice of violation to the responsible person. The notice shall set forth a notification and compliance period for the permittee to comply with the requirements of the notice, except that when an imminent hazard exists the administrator may require that corrective work begin immediately. The administrator may order an immediate abatement action to abate the violation. The notice shall further advise that should the permittee fail to comply with the requirements of the notice by the established deadline, the work necessary to achieve compliance may be done by the city or by a designated contractor and the expense thereof shall be charged to the permittee. Issuance of a notice to comply shall not be a prerequisite to taking any other enforcement action.
(2) Fines. The violation of any provisions of this section, upon conviction, may be punished by a fine not exceeding $1,000 or up to 30 days in jail or both plus court costs as set by the city. Each day or any portion of a day during which any violation of this section shall continue shall constitute a separate offense.
(3) Other actions. Other actions may be taken by the city, including, but not limited to, suspension of MS4 access, water supply severance, injunctive relief, abatement, remediation, and restoration of lands. The permittee shall be responsible for the costs incurred by the city. Failure to pay will result in the city seeking recovery of costs and damages pursuant to the conditions set forth in this chapter.
(C) Violations deemed a public nuisance. Any violation of this chapter may be deemed a public nuisance. The administrator may authorize abatement actions to protect public health, safety, and welfare. Authorization of an abatement action shall grant agents of the city or a designated contractor the right to enter upon the subject property to perform the required abatement work. 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 part may be deemed a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or restored at the violator’s expense, and/or civil action to abate or otherwise compel the cessation of the nuisance may be taken.
(1) Abatement, remediation and restoration:
(a) The city has the power to define and abate nuisances within its corporate limits for the protection of the public health, protection of public resources, and the public water supply inside or outside of its corporate limits. Public nuisances will be abated in accordance with the procedures established in Title IX: General Regulations: Chapter 93, Health and Sanitation Nuisances.
(b) In the event that the city conduct abatement, restoration, remediation, or other ordered work, the city may file a notice of lien with the County Clerk describing the property and stating that the city claims a lien on the property for the abatement, restoration, or remediation costs and that the costs are the personal obligation of the property owner.
(c) If the violation has not been corrected pursuant to the requirements and within the time period set forth in the notice of violation, then agents of the city or a designated contractor are authorized to enter upon the subject property to perform the required abatement, restoration, remediation, or other ordered work.
(d) It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the authorized enforcement agency or designated contractor to enter the premises for the purposes set forth above.
(e) Demand for payment, liens, and certified statements of cost. After abatement, restoration, or remediation of a violation has occurred, the administrator shall determine the actual cost of the abatement, restoration, or remediation and any other expenses as may be necessary in connection therewith, including, but not limited to, sampling and field testing costs, laboratory costs, and the cost of the notice and mailing. The city shall forward by mail to the property owner a statement of the actual cost and demanding payment. If the amount due is not paid within 30 days from the date of mailing of the statement, the city shall forward a certified statement of the amount of cost to the county treasurer of the county in which the property is located, and the same shall be levied on the property and collected by the county treasurer and shall continue until the cost shall be fully paid. Any person violating any of the provisions of this chapter shall become liable to the city by reason of the violation. At any time prior to the collection as provided herein, the city may pursue any civil remedy for collection of the amount owing and interest thereon.
(f) Appeals. The property owner and/or mortgage holder shall have a right to appeal to the City Council from any order of abatement. The appeal shall be taken by filing written notice of appeal with the City Clerk within ten days after the abatement order is rendered.
(D) Access to the MS4 may be suspended.
(1) The administrator 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 waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the administrator may take steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons or property.
(2) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this chapter, without the prior approval of the administrator.
(F) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(G) 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 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. Furthermore, the city can suspend licenses and permits when a violator has not corrected an offense or has not paid a fine for an act that has resulted in an illicit discharge.
(H) Major actions deemed criminal offenses. The city may seek the assistance of other agencies not limited to the Oklahoma Department of Environmental Quality, the Environmental Protection Agency, or District Attorney's Office whenever a complaint or finding related to a stormwater incident could be considered an environmental criminal offense.
(Ord. 1865, passed 8-21-12)