The Director may utilize any enforcement actions authorized or provided in this code including, but not limited to, administrative remedies as set forth in Chapter 1.14 of this code. The Director may also exercise any of the following enforcement actions deemed necessary:
A. Abatement
1. Any discharge or condition violating any provisions of this chapter is a threat to the public health, safety and welfare and constitutes a public nuisance.
2. The Director may abate any discharge or condition that violates any provision of this chapter in accordance with the provisions of Chapter 1.14 of this code and such action by the Director shall be subject to appeal as provided for in that chapter. In addition, any notice and order issued by the Director under Chapter 1.14 of this code may require the owner and/or occupant of the subject property to take any or all of the following actions:
a. Submit and implement a plan approved by the Director for the correction and prevention of the discharge or condition violating any provision of this chapter;
b. Cease and desist all activities that may cause or contribute to any discharge or condition violating any provision of this chapter;
c. Clean-up any release of pollutants causing or resulting from the violation of any provision of this chapter;
d. Mitigate any circumstances that may cause or contribute to any discharge or condition violating any provision of this chapter; and
e. Adopt and implement BMPs and/or a storm water pollution prevention plan approved by the Director.
3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director shall so declare in the notice and order issued pursuant to subsection 2 above. Thereafter, the owner or occupant of the subject property shall abate such seasonal and recurrent nuisance every year without the necessity of any further notice and order. If at any time following the issuance of the notice and order the nuisance is not abated as required, the Director may summarily abate the condition in accordance with provisions of Chapter 1.14 of this code.
4. When, in the opinion of the Director, any discharge from any source to the storm drain system causes or threatens to cause a condition that presents an imminent hazard to the public health, safety or welfare or the environment, or a violation of the City’s NPDES permit, the Director may issue a notice requiring the owner or occupant of the property where the discharge is occurring to immediately abate the discharge. In any case where the discharge is not immediately abated or the Director determines that time constraints are such that abatement must occur without providing the notice, the Director may summarily abate the condition in accordance with the provisions of Chapter 1.14 of this code.
5. The owner of any property from which a discharge is made in violation of this chapter and any person making or causing the discharge, if different from the owner, shall be jointly and severally liable for the costs incurred by the City for any abatement, clean-up or restoration, including any related inspection and testing costs arising from the discharge and the costs shall be invoiced to the owner of the property and any responsible persons. If the invoice is not paid within sixty (60) days, the Director may commence proceedings for recovery of these costs in accordance with the provisions of Chapter 1.14 of this code.
B. Civil Actions
In addition to any other remedies or penalties provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City Attorney. In any such action the City may seek, as appropriate, any or all available equitable and legal remedies including but not limited to:
1. A temporary or permanent injunction;
2. Assessment upon the violator for the costs of any investigation, inspection, testing or monitoring related to the violation and for the reasonable costs of preparing and bringing legal action under this subsection including attorney fees, whether for in- house or outside counsel;
3. Costs incurred in removing, correcting, abating, cleaning-up or terminating the adverse effects resulting from the violation;
4. Compensatory damages for damage, loss or destruction to water quality, wildlife, fish and aquatic life, or public health and safety;
5. Payment or reimbursement of any governmental fines or penalties imposed on the City as a result of the violation; and
6. Payment of a fine of up to $5,000 for each day or portion of a day that the discharge occurs.
C. Criminal Violations
A violation of any of the provisions of this chapter shall constitute a misdemeanor, except that notwithstanding any other provision of this code, any such violation may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.