Loading...
PART 5 ENFORCEMENT
SECTION:
3.8.501: Public Nuisance; Notice Of Violation
3.8.502: Appeal
3.8.503: Abatement By The City
3.8.504: Charging Cost Of Abatement; Liens
3.8.505: Emergency Abatement
3.8.506: Violations
3.8.507: Compensatory Action
3.8.508: Acts Potentially Resulting In A Violation Of The Federal Clean Water Act
A. The protection of clean water being essential to the health, safety and welfare of the public, a violation of this article is declared to be a public nuisance, and may be summarily abated, restored or remediated by the City at the violator's expense. The City Engineer is authorized to take any action, including, but not limited to, education and training, to abate, enjoin or otherwise compel the cessation of the nuisance.
B. In addition to any other provision of the City Code for the abatement of a public nuisance, whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this article, the City Engineer may order compliance by written notice of violation to the person. That notice shall provide a description of the violation or failure and may require, without limitation:
1. The elimination of illicit connections or discharges;
2. The performance of monitoring, analyses and reporting;
3. The person to cease and desist any discharges, practices or operations in violation of this article;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. The payment of a fine to cover administrative and remediation costs;
6. The implementation and/or maintenance of source control or treatment BMPs; and
7. The application for a State discharge permit.
If abatement of a violation and/or restoration or remediation of affected property is required, the notice shall set a deadline within which a remediation plan shall be developed, approved and implemented, and the remediation or restoration completed. The notice shall further advise that, should the person fail to abate, remediate or restore within the established deadline, the work may be done by the City or a contractor designated by the City Engineer and the expense of abatement shall be charged to the person. The notice shall include a date which shall be identified as the "date of notice of violation" for purposes of appeal rights. (Ord. 06-86; Ord. 08-44)
Any person receiving a notice of violation under section 3.8.501 of this part may appeal the determination of the City Engineer to the Director of Public Works or the Director's designee (the "Director"). The notice of appeal must be received by the Director within ten (10) City business days from the date of the notice of violation. A hearing on the appeal before the Director or the Director's designee shall take place within fifteen (15) City business days from the date the City actually receives a timely notice of appeal. An appeal of the Director's determination can be made to the Mayor. The notice of appeal must be received by the Mayor within ten (10) City business days from the date of the Director's determination. A de novo hearing on the appeal before the Mayor, or the Mayor's designee, shall take place within fifteen (15) City business days from the date the Mayor actually receives a timely notice of appeal of the Director's determination. The decision of the Mayor, or the Mayor's designee, shall be final. (Ord. 06-86; Ord. 11-19)
If the violation has not been abated pursuant to the requirements set forth in the notice of violation, or an emergency situation exists in the sole determination of the City Engineer, then the City Engineer or a contractor engaged by the City may enter upon the subject private property and shall be authorized to take any and all measures necessary to abate the violation, remediate and/or restore the property. (Ord. 06-86)
Loading...