(A) Notice of violation.
(1) Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:
(a) The name and address of the alleged violator;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this chapter in a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of service of notice of violation; and
(g) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by the city or their designee and the expense thereof shall be charged to the violator.
(2) Such notice may require without limitation:
(a) The performance of monitoring, analysis, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(e) Payment of a fine to cover administrative and remediation costs;
(f) The implementation of source control or treatment BMPs.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(C) Suspension of MS4 access.
(1) Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city for reconsideration and a hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city.
(D) Criminal prosecution. Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $1,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days. The city may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(Ord. 2017-1217, passed 7-10-17)