(A) Emergency suspension. The enforcement officer may, without prior notice, suspend storm sewer system access to a property when the emergency suspension is necessary to stop an ongoing or imminent illicit discharge. If the responsible party fails to immediately comply with an emergency suspension order, the enforcement officer shall take steps as deemed necessary to prevent or minimize the illicit discharge. All costs of the action shall be recovered from the responsible party for the property identified as the source of the illicit discharge.
(B) Non-emergency suspension. If the enforcement officer detects or is informed of circumstances which could cause an illicit discharge but the illicit discharge is not ongoing or imminent, and if the suspension of storm sewer system access would reasonably be expected to prevent or reduce the potential illicit discharge, the enforcement officer shall notify the responsible party of the proposed suspension of storm sewer system access and the time and date of the suspension. Notice to one responsible party for the property shall be sufficient notice to all. Remediation of the circumstances shall avoid a violation of §§ 53.11 through 53.18 provided that no illicit discharge occurs. In the alternative, the responsible party may request a meeting with the enforcement officer for the purpose of presenting information which the responsible party believes will show that remediation is unnecessary, and if the enforcement officer finds the information is satisfactory the enforcement officer may rescind or modify the notice of suspension. If the enforcement officer finds the information unsatisfactory the enforcement officer shall issue a final written order of suspension including the date and time of suspension and the order may be appealed as provided hereinafter. Any physical action to reinstate storm sewer system access to property subject to the order prior to obtaining a court order of relief shall be deemed a violation of §§ 53.11 through 53.18. An order of suspension shall not preclude charging the responsible party with a municipal infraction as provided hereinafter or taking any other enforcement action permitted by statute or ordinance.
(Ord. 2320, passed 3-14-2006; Ord. 2543, passed 9-27-2016)