9-14-3-4: ADMINISTRATIVE ENFORCEMENT:

In addition to any other remedies under this chapter, a person or permit holder in violation of this chapter may be subject to administrative enforcement procedures. The administrative enforcement procedures are not a prerequisite to any other remedy under this chapter and if administrative enforcement is undertaken, any of the following procedures may be utilized regardless of the order in which they appear in this section:

   A.   Verbal Warning; Notification: If an authorized enforcement agent determines a violation is occurring or has occurred, the permit holder or the designated responsible person may be notified by a verbal warning, correction notice or notice of violation. Notification shall contain a description of the required corrective action and provide a time period in which the corrective action must be completed. A correction notice will not require a signature from the owner; however, a notice of violation shall require the signature of the owner of the site or an agent representing the owner.

   B.   Stop Work Order: If the corrective action requested in a correction notice or notice of violation is not completed in the specified time period, a stop work order may be issued. The authorized enforcement agent shall determine the extent of the order, which may include all work except the corrective action. Once a correction notice and/or a notice of violation have been issued to a permit holder, if continuous violations occur on the permitted project, stop work orders or a citation may be issued without further issuance of a correction notice or notice of violation. The permit holder may be requested by the Director to respond in writing to multiple violations.

   C.   Forced Corrective Action: If no reasonable effort at corrective action is made, or if necessitated by emergency, the Director or authorized enforcement agent may cause the corrective action to be performed and shall assess the actual and administrative costs of such performance against the property owner.

   D.   Work Without Permit, Illicit Discharges: A stop work order may be issued at any time if work is being done without a valid, current permit or if an illicit discharge has occurred.

   E.   Administrative Costs: Administrative costs may be assessed to the property owner if any administrative enforcement action is undertaken.

   F.   Repeated, Subsequent Violations: Any repeated or subsequent violation by any individual of this chapter may result in the immediate issuance of a stop work order and/or initiation of any enforcement action as provided for by this chapter. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)

9-14-3-5: VIOLATIONS CONSTITUTE MISDEMEANORS:

The violation of any provision or failure to comply with any requirement of this chapter shall constitute a misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code. Each day on which a violation occurs may constitute a separate criminal offense. (Ord. 48-14, 12-16-2014, eff. 1-1-2015; amd. 2019 Code)

9-14-3-6: VIOLATIONS DEEMED PUBLIC NUISANCE:

   A.   Declaration Of Nuisance: In addition to any other remedies and penalties provided for by this chapter, any condition caused or permitted to exist in violation of this chapter shall be considered a threat to the public health, safety, welfare and environment, and may be declared and deemed a nuisance by the Director or an authorized enforcement agent.

   B.   Abatement: Any condition deemed a nuisance by the Director or an authorized enforcement agent may be summarily abated and/or restored by the City and civil actions may be taken to abate, enjoin or otherwise compel the cessation of such nuisance.

   C.   Cost Borne By Owner: The cost of abatement and restoration shall be borne by the owner of the property or the permit holder for work done on the property, and shall be a lien upon and against the property and such lien shall continue until paid.

   D.   Payment Of Costs: The City shall seek from the violator, the payment of all costs of investigation, administrative overhead, out of pocket expenses, cost of administrative hearings, costs of suit and reasonable attorney fees for all administrative or civil proceedings for nuisance violations in which the City is the prevailing party, as authorized by State law. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)

9-14-3-7: CIVIL ACTIONS FOR VIOLATIONS:

   A.   Action Taken By City: The Environmental Protection Agency requires, as mandated by the NPDES permit, that the City adopt and employ a scheme of civil and administrative penalties. Therefore, pursuant to this Federal requirements and Idaho Code section 50-302(2), the City may enforce any provision of this chapter through civil penalties. Such penalties shall be in addition to any other remedies provided for by this chapter. In any such action, the City may seek any or all of the following:

      1.   Temporary and/or permanent injunction;

      2.   Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of a violation, and for the reasonable costs of preparing and bringing legal action under this provision;

      3.   Costs incurred in removing, correcting or terminating the adverse effects resulting from a violation;

      4.   Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

Assessments and recovered damages under this provision shall be used exclusively for costs associated with implementing or enforcing this chapter.

   B.   Assessment; Guidelines: Any person or its agent violating any provision of this chapter may have civil penalties assessed against them. The notice of said penalties shall be served upon the violator or service may be effectuated by certified mail to the last known business address or residential address of the violator. A new violation may be filed for each day the violation continues. The violation will have a date when the violation shall be paid by, if it is not paid by that date, the City shall pursue collections through the court and will ask the court to reimburse for all costs associated with collecting the penalty. Civil penalties may be issued pursuant to the following guidelines:

      1.   If a violation(s) is observed which may create or has created an off site discharge of pollutants, the City shall issue a warning to the responsible person.

      2.   Should the violation continue or a subsequent violation(s) is discovered, the City may issue civil penalties.

      3.   If the RP has not provided day to day controls as required by this chapter which would have reduced the off site pollutants to the maximum extent practicable (MEP).

   C.   Penalties Specified: Civil penalties will not exceed two hundred dollars ($200.00) for the first offense and not more than one thousand dollars ($1,000.00) for each offense thereafter. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)

9-14-3-8: CONCEALMENT:

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)

9-14-3-9: NONEXCLUSIVITY OF REMEDIES:

All remedies and penalties under this chapter are in addition to and do not supersede or limit any and all other remedies and penalties, both civil and criminal. The remedies and penalties provided for herein shall be cumulative and not exclusive. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)

9-14-3-10: ACTS RESULTING IN VIOLATION OF FEDERAL LAWS AND REGULATIONS:

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or discharges any pollutant or causes pollution, or violates a cease and desist order or any requirement or prohibition, may also be in violation of Federal laws or regulations, and may be subject to the sanctions of those laws or regulations, including civil or criminal penalties, notwithstanding any legal action taken by the City. (Ord. 48-14, 12-16-2014, eff. 1-1-2015)