A. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its legal fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
B. Violation of any provision of this chapter may also be enforced as a municipal infraction within the meaning of Iowa Code section 364.22. The schedule of fines follows the provisions of section 1-4-2 of this code, except as shown herein:
1. Schedule of violations:
Type I: | ||
First offense | $100.00 | |
Second offense | 250.00 | |
Third and subsequent offense | 500.00 | |
Type II: | ||
First offense | 250.00 | |
Second and subsequent offense | 500.00 | |
2. Definition of offenses:
Type I:
a. Failure to control off site tracking of soils, silt, sediment, or mud.
b. Failure to implement stormwater pollution prevention controls as designated in the SWPPP.
c. Failure to maintain stormwater pollution prevention controls.
d. Failure to document any stormwater discharge that is a violation of water quality standards or in a manner inconsistent with the applicant's SWPPP, general permit #2 and/or COSESCO permit.
Type II:
a. Operating without a COSESCO permit.
b. Discharging silt/sediment to the city of Bettendorf's storm or sanitary sewer systems.
c. Failure to comply with a written directive issued by the city engineer, director of public works, or the enforcement official designated by the city.
C. Enforcement pursuant to this section shall be undertaken by the enforcement official upon the advice and consent of the city attorney. (Ord. 17-16, 7-19-2016)