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(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of §§ 52.20 et seq. Any person who has violated or continues to violate the provisions of §§ 52.20 et seq., may be subject to the enforcement actions outlined in this division or may be restrained by injunction or otherwise abated in a manner provided by law.
(C) Notice of violation. Whenever the Town of Chandler Storm Water Department Manager finds that a person has violated a prohibition or failed to meet a requirement of §§ 52.20 et seq., the Town of Chandler Storm Water Department Manager shall order compliance by written notice of violation to the responsible person. However, in the event that an emergency exists and immediate action is required, the Town of Chandler may abate or remedy the emergency and the notice may be given after the remediation has already occurred. In the event of such an emergency, the Town of Chandler Storm Water Department Manager shall enter upon the subject property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. The notice of violation shall contain:
(1) The name and addresses of the owner and violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring/has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the illegal activity into compliance with §§ 52.20 et seq. and a time schedule for the completion of the remedial action, which may include designating that the violation requires immediate action, i.e. 24 hours or less and/or a description of the remedial measures that were necessary to bring the illegal activity into compliance with §§ 52.20 et seq. that were already taken by the Town of Chandler Storm Water Department Manager; and
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed. The notice may require without limitation:
(a) The performance of monitoring analyses, 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; and
(f) The implementation of pollution prevention practices.
(D) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the Town of Chandler Storm Water Department Manager to the Storm Water Board. The notice of appeal must be received by the Town of Chandler Storm Water Department Manager 15 days from the date of the notice of violation. The hearing on the appeal before the Storm Water Board shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the Storm Water Board shall be final.
(E) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 30 days of the Board's ruling upholding the decision of the Town of Chandler Storm Water Department Manager, then the Town of Chandler Storm Water Department Manager shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(F) Cost of abatement of the violation. Within 30 days after the abatement of the violation, the owner of the property and violator will be billed for the cost of abatement, including administrative costs. The notification will include copies of all invoices paid by the Town of Chandler, and a log of all hours spent by Town of Chandler personnel. If the amount due is not paid within 30 days of receipt of the bill, the Town of Chandler may certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification and the amounts shall be collected as delinquent taxes are collected pursuant to I.C. 36-1-6-2.
(G) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this division of this chapter, any condition caused or permitted to exist in violation of any of the provisions of §§ 52.20 et seq. is deemed a threat to public health, safety, and welfare, and is declared a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of the nuisance may be taken.
(H) Prosecution in court. Any person that has violated or continues to violate §§ 52.20 et seq. and has received notice of the violation shall be subject to a fine of up to $2,500 per violation per day, at the discretion of the Town of Chandler Storm Water Board. In the event the fine is not paid forthwith, the ordinance violation may be filed in court of proper proof, shall be guilty of an ordinance violation and shall be responsible for the fine imposed by the Town of Chandler Storm Water Management Board, court costs, attorney's fees, and other expenses associated with enforcement of §§ 52.20 et seq., including, but not limited to, all sampling and monitoring expenses. Each day a violation continues after the original notification thereof, shall be deemed a separate offense under this division. All fines collected by the Town of Chandler under this division shall be deposited in the Storm Water Management Fund.
(I) Remedies not exclusive. The remedies listed in §§ 52.20 et seq. are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Storm Water Board or its designee to seek cumulative remedies.
(Ord. 2006-5, passed 3-6-2005)