(A) Administration.
(1) The city's Board of Public Works and Safety (CBPWS) shall administer, implement and enforce the provisions of this chapter.
(2) Any powers granted, or duties imposed upon the CBPWS may be delegated in writing by the CBPWS to the enforcement personnel.
(B) Ultimate responsibility. The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.
(C) Notice of violation. Whenever the city's Drainage Board finds that a person or developer has violated or failed to meet a requirement of this chapter, the CBPWS may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of reimbursement expenses to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
(D) Appeal of notice of violation.
(1) Any person receiving a notice of violation may appeal the determination of the CBPWS. The notice of appeal must be received within ten calendar days from the date of the notice of violation.
(2) Hearing on the appeal before the CBPWS shall take place within 30 calendar days from the date of receipt of the notice of appeal. The decision of the CBPWS 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 five days of the decision of the CBPWS, the CBPWS may pursue all remedies provided for in this chapter or by law.
(F) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the CBPWS may seek any remedies available under any applicable law, including, but not limited to the following:
(1) Preliminary or permanent injunction; and
(2) Stop work order.
(G) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in § 155.99, any condition caused or permitted to exist in violation of any of the provisions of this chapter may be summarily abated or restored at the violator's expense, or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
(H) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of other authorized enforcement agencies to seek cumulative remedies.
(1) Each day a violation remains uncorrected is a distinct and separate civil stormwater drainage and sediment control violation subject to an additional citation and fine in the amount prescribed below, provided a warning ticket has first been issued pursuant to § 155.06(C).
(2) The monetary fine for each civil stormwater drainage and sediment control violation shall be $250, except that for a repeated stormwater drainage and sediment control violation, the following fines shall apply:
(a) Second citation: $500.
(b) Each citation in excess of two: $1,000.
(3) All fines prescribed by this section for civil stormwater drainage and sediment control violations shall be paid within 72 hours to the City of Charlestown Clerk-Treasurer, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, and duplicate of which shall be made a part of the records of the Plan Commission. All fines thus received shall be deposited with the City of Charlestown Clerk-Treasurer.
(Ord. 2005-OR-06, passed 4-4-2005; Ord. 2024-OR-08, passed 7-22-2024) Penalty, see §
155.99