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The following enforcement provisions are intended to encourage compliance with this chapter.
(A) Investigation. The Director or authorized representative may investigate any premises where there is reason to believe that there may be a failure to comply with the requirements of this chapter.
(B) Notice of violations. Whenever the Director determines that a violation of this chapter has occurred or is occurring, the Director may issue a notice of violation (NOV) to the person or industry. This NOV shall include the nature of the violation and provide a reasonable time for correction. The Director may require, within 15 days of the receipt of this NOV, an explanation of the violation and a plan for the
satisfactory correction and prevention, including specific required actions. The explanation and plan shall be submitted by the violator to the Director in writing. Submission of this plan shall in no way relieve the person or industry of liability for any violation(s) occurring before or after receipt of the NOV. Issuance of a NOV shall not preclude any other enforcement action.
(C) Administrative orders.
(1) Consent orders. The Director is empowered to enter consent orders, assurances of voluntary compliance, or other similar documents establishing a consensus with any person or industry for noncompliance. Such an order shall include specific action to be taken by the violator to correct the noncompliance within a time period specified in the order. Consent orders shall be judicially enforceable.
(2) Compliance orders. When the Director finds that a person or industry has violated or continues to violate this chapter or orders issued hereunder, the Director may issue an order to the violator directing that compliance be obtained within a specified time period. If compliance is not achieved within the time period, water service or sewer service, or both services may be discontinued, unless adequate BMPs or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements addressing noncompliance, including additional self-monitoring. A compliance order shall not extend the deadline for compliance established by a federal standard or requirement, nor shall a compliance order release the violator from liability for any violation, including any continuing violation. Issuance of a compliance order shall not preclude any other enforcement action.
(3) Cease and desist orders. When the Director finds that a person or industry is violating provisions of this chapter, or any order issued hereunder, or that past violations are likely to recur, the Director may issue an order directing the violator to cease and desist all such violations or activities likely to cause a recurrence, and to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive actions as may be necessary to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
(4) Issuance of a cease and desist order shall not preclude other action against the violator.
(5) Administrative orders may be revised by the Director at any time in order to insure compliance with this chapter.
(D) Administrative fines.
(1) When the Director finds that a user has violated or continues to violate any provision of the chapter, or order issued hereunder, the Director, upon good cause shown, may impose an administrative fine against such user in an amount not to exceed $1,000. Such fines may be assessed on a per violation, per day basis.
(2) Notice of an administrative fine shall be served personally on the user or by certified mail, return receipt requested. Payment of the fine shall be received by the Director within 15 days after such notice is served.
(3) Failure to submit payment for an administrative fine within 15 days shall be considered a violation of this chapter.
(4) Issuance of an administrative fine shall not preclude any other action against the user.
(E) Cost recovery of expenses incurred for violation of this chapter. Notwithstanding any other provision of this chapter, the Director may require any person and or industry found to have violated any provision of this chapter, or orders issued hereunder, to reimburse the city for any goods or services used to remove pollutants from the city’s MS4, prevent further discharge of pollutants into the MS4, and shall become liable to the city for any expense, loss, or damages experienced by the city as a result of a
violation. The city may pursue its right of action to recover all such costs, by utilizing any and all reasonable methods, including installment payment administered by the Finance Department. The city may recover the costs incurred by adding them to the utility bill of the violator or filing a lien on the subject property.
(F) Water supply severance. Whenever a person has violated, or continues to violate any provision of this chapter, or orders issued hereunder, water service may be severed. Service shall only recommence at the violator’s expense, after the violator has satisfactorily demonstrated an ability to comply, and actual compliance.
(G) Appeals. Any person aggrieved by any NOV, administrative fine or order issued by the Director pursuant to this section may appeal the action as provided in this section.
(1) The initiation of an appeal shall be in writing and filed with the Director no later than 15 days after service of notice of the action appealed from. The written notice of appeal shall specify the action appealed, detail why the action is in error, and specify provision of ordinances or statutes supporting the person’s appeal.
(2) Upon receipt of a notice of appeal by the Director, the Director shall conduct any necessary investigation into the basis of the appeal and hold a hearing within 30 days of receipt. However, upon review of the notice of appeal, if the Director determines that the basis of the appeal is patently frivolous or filed only for purposes of delay, then the Director may deny the appeal without a hearing. Upon the Director’s denial without a hearing, the appellant shall be notified in writing of the denial and the grounds for denial.
(3) At the conclusion of a hearing on an appeal, if the appeal is sustained in favor of the appellant, the Director may modify or withdraw the notice, fine or order. If the Director fails to act on the appeal within 30 days of concluding the hearing, the appeal shall be deemed denied. Any ruling, requirements, decisions or actions of the Director on appeal shall be final and binding, unless appealed to the City Council.
(4) Any person aggrieved by an appeal decision of the Director may perfect an appeal to the City Council by filing a written notice of appeal with the City Clerk and the Director within 15 days from the date of the action by the Director. Such notice shall specify grounds for the appeal. A hearing on the appeal shall be commenced by the Council no later than 30 days from the date the notice of appeal was filed with the City Clerk. The City Council shall have jurisdiction to affirm, modify, reverse or remand the action of the Director upon good cause shown. Any rulings, requirements, or decision of the Council shall be final and binding, provided that any right of appeal to the courts shall not be abrogated.
(Ord. 2007-25, passed 11-19-07) Penalty, see § 55.14