A. Order For Monitoring Activities: Whenever the Director of Public Works or designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to an illicit discharge to the stormwater system, the Director of Public Works or designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Director of Public Works or designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
B. Response To Order; Appeal: Within twenty (20) days of the date of receipt of the order notice, the recipient shall respond personally or in writing, advising the City of the recipient's position with respect to the order's requirements. Thereafter, the recipient shall be given the opportunity to meet with the Director of Public Works or designee to review the order's requirements and revise the order as the Director of Public Works or designee deem necessary. Within ten (10) days of such meeting, the Director of Public Works or designee shall issue a final written order. Final orders of the Director of Public Works or designee may be appealed to the Public Works Commission by the filing of a written appeal with the Public Works Department within ten (10) days of receipt of the final order. The appeal notice shall set forth the particular order requirements or issues being appealed. The Public Works Commission shall hear the appeal at its earliest practical date and may either affirm, revoke or modify the order. The decision of the Public Works Commission shall be final.
C. Failure To Comply; Enforcement Of Order: In the event the owner or operator of a facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred. (1952 Code § 8-15-04.03)