10-6-4-5: CONTINUING VIOLATION:

Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly, as herein provided. (1952 Code § 8-15-04.05)

10-6-4-6: CONCEALMENT:

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (1952 Code § 8-15-04.06)

10-6-4-7: ACTS RESULTING IN VIOLATION OF FEDERAL CLEAN WATER ACT:

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges pollutants, waste or wastewater so as to cause an illicit discharge into the MS4, or who violates any cease and desist order, prohibition or effluent limitation, also may be in violation of the Federal Clean Water Act and may be subject to the sanctions of that Act, including civil and criminal penalties. (1952 Code § 8-15-04.07)

10-6-4-8: VIOLATIONS DEEMED PUBLIC NUISANCE:

   A.   Abatement: In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be considered a threat to the public health, safety, welfare and the environment, may be declared and deemed a nuisance by the Director of Public Works or designee, and may be summarily abated and/or restored by the City and/or civil action taken to abate, enjoin or otherwise compel the cessation of such nuisance.

   B.   Lien For Cost Of Abatement By City: The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.

   C.   Seasonal, Recurrent Nuisances: If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director of Public Works or designee shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further declaration.

   D.   Award Of Fees And Expenses: In any administrative or civil proceeding under this chapter in which the City prevails, the City may be awarded all costs of investigation, administrative overhead, out of pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney fees. (1952 Code § 8-15-04.08)

10-6-4-9: CIVIL ACTIONS:

In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

   A.   Injunction: A temporary and/or permanent injunction.

   B.   Assessments: Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section.

   C.   Costs: Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation.

   D.   Compensatory Damages: Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge control systems and/or implementing or enforcing the provisions of this chapter. (1952 Code § 8-15-04.09)

10-6-4-10: ADMINISTRATIVE ENFORCEMENT POWERS:

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement agent has the authority to utilize the following administrative remedies:

   A.   Cease And Desist Orders: When an authorized enforcement agent finds that a discharge has taken place or is likely to take place in violation of this chapter, the agent may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: 1) comply with the requirement; 2) comply with a time schedule for compliance; and/or 3) take appropriate remedial or preventive action to prevent the violation from recurring.

   B.   Notice To Clean:

      1.   Whenever an authorized enforcement agent finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain or a nonstormwater discharge to the storm drain, he or she may give notice to remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein.

      2.   In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director of Public Works or designee may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. (1952 Code § 8-15-04.10)