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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)
Any person, firm, corporation or organization notified of noncompliance with this chapter or required to perform monitoring, analyses, reporting and/or corrective activities who is aggrieved by the decision of the authorized enforcement agent may appeal such decision in writing to the Public Works Commission within ten (10) days following the effective date of the decision. Upon receipt of such request, the Public Works Commission shall request a report and recommendation from the authorized enforcement agent and shall set the matter for administrative hearing at the earliest practical date. At said hearing, the Public Works Commission may hear additional evidence, and may revoke, affirm or modify the authorized enforcement agent's decision. Such decision shall be final. (1952 Code § 8-15-04.12)
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the City, any agent or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (1952 Code § 8-15-04.13)