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(a) No person shall cause or allow any discharge into the municipal separate storm sewer system in violation of the City's NPDES permit, the Clean Water Act 33 U.S.C. 1251 et seq. and/or this Article.
(b) No person shall construct or maintain any property, residence or business not in compliance with the standards of this article.
(c) The Director and other authorized employees of the City bearing proper credentials and identification shall be permitted, with the consent of the owner or lessee thereof, to enter upon all properties in the City watershed for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
(d) No person or firm shall fail to provide any report or other information or perform any duty required by this article.
(e) The Director is authorized to institute appropriate proceedings in the Circuit Court of Harrisson County, West Virginia to require compliance with this article.
(g) The Director is authorized to issue warning notices of violations for any conditions found to violate the requirements provided in this Article. A warning notice of a violation of this Article shall be served upon the alleged violator by personal delivery or by certified mail, return receipt requested. The warning notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and a time limit for making the correction.
(h) If, after reasonable warning notice, a person fails to comply with this article within the time limit included in the notice, the Director may seek issuance of a criminal citation by appropriate law enforcement authorities.
(i) Violations of this article shall be a criminal misdemeanor, subject to criminal citation and punishable by a fine of up to Five Hundred Dollars ($500). Each and every day or portion thereof that a person or entity fails or refuses to remedy a violation shall be considered a separate offense. Citations may be issued against any person or firm who has violated or continues to violate any section of this Article or any of the following:
(1) Failing to comply with a valid order issued under this Article; and/or
(2) Failing to allow entry, inspection or monitoring; and/or
(3) Violation of reporting requirements or falsification of reports.
(j) The Director is authorized to take all steps necessary to immediately and without notice halt any discharge of pollutants which in the discretion of the Director present an imminent danger to the health or welfare of persons or to the environment of the City watershed. A person or entity causing such discharge shall immediately eliminate the violation. If such person or entity fails to immediately eliminate the violation, the Director may take all steps necessary to eliminate the discharge.
(k) When the Director finds that a person or entity has violated or continues to violate any section of this Article, the Director may petition The Circuit Court of Harrison County, West Virginia for the issuance of a permanent or temporary injunction, as appropriate, which restrains or compels specific compliance with this Article. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement that the person or entity conduct an environmental remediation. A petition for injunctive relief shall not be an exclusive remedy, or a bar against or a prerequisite for taking any other action against the person or entity. The Director may recover from a violator reasonable attorney's fees, court costs and other expenses associated with the enforcement of this Article, as well as the cost of actual damages incurred by the City.
(l) Persons aggrieved by any determination of the Director in enforcing this Article may appeal that determination to the Clarksburg Building Code Appeals Board.
(Ord. 13-13. Passed 6-6-13.)