3.8.402: AUTHORITY TO SAMPLE, ESTABLISH SAMPLING DEVICES AND TEST:

During any inspection provided by this article, the City Engineer may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. (Ord. 06-86)

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

3.8.501: PUBLIC NUISANCE; NOTICE OF VIOLATION:

   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)

3.8.502: APPEAL:

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)

3.8.503: ABATEMENT BY THE CITY:

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)

3.8.504: CHARGING COST OF ABATEMENT; LIENS:

   A.   Within thirty (30) City business days after abatement of the violation by City, the City Engineer shall notify in writing the property owner of the cost of abatement, including administrative costs. The City Engineer's notice shall include an "official notice date". The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen (15) City business days of the "official notice date". The City Clerk shall set the matter for public hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final. In addition to any lien placed upon real property, the cost of abatement, cost including administrative costs, shall be deemed a joint and severable personal debt of the property owner and the responsible party.

   B.   If the amount due is not paid within ten (10) City business days of the decision of the City Council or the expiration of the time in which to file an appeal under this section if no appeal is filed, the charges shall become a special assessment against the property and shall constitute a priority lien on the property for the amount of the assessment. This lien shall be deemed in priority of, and superior to, any and all liens then existing on the property or later levied upon the property. A copy of the resolution shall be filed with the County Assessor and the County Treasurer so that the Assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the full amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 06-86)

3.8.505: EMERGENCY ABATEMENT:

The City Engineer is authorized to require immediate abatement of any violation of this article which, in the City Engineer's sole determination, constitutes an immediate threat to the health, safety or welfare of the public. If any violation is not abated immediately as directed by the City Engineer, the City is authorized to enter onto the affected property and to take any and all measures required to remediate the violation. Any expense related to abatement, restoration or remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent City from seeking other and further relief authorized under this article or under Federal or State law. (Ord. 06-86)

3.8.506: VIOLATIONS:

   A.   Penalties: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. A violation of or failure to comply with any of the requirements of this article shall constitute a misdemeanor. Except as otherwise stated in this article, each twenty four (24) hour period of violation, or part thereof, shall be considered a separate offense. Except as otherwise stated in this article, upon conviction in the Municipal Court, the fine for each violation shall be not less than five hundred dollars ($500.00), and may also include imprisonment in jail for a period not exceeding ninety (90) days or a combination of the fine and imprisonment. In the case of multiple violations, a conviction of ten (10) consecutive violations, that is, continuing violations over ten (10) consecutive calendar days, shall carry a mandatory period of jail of not less than three (3) days nor more than ninety (90) days in addition to any penalty imposed for the individual violations.

   B.   Authority To Issue Summons: The City Engineer or the Engineer's designee shall have the authority to issue a municipal summons to the Municipal Court for any violation of this article. All summons issued under this subsection shall be prosecuted in the Municipal Court by the Office of the City Attorney.

   C.   Enforcement By The City Attorney: The City Attorney is authorized to enforce this article in the Municipal Court and in the Colorado State courts. The City Attorney is authorized to call upon the United States Attorney for Colorado for the prosecution of any violations of the Federal Clean Water Act or permits, and the State's Fourth Judicial District Attorney or the Attorney General for the prosecution of any violations of State clean water statutes or permits occurring within the City limits or upon property owned, leased, controlled, regulated or otherwise held by the City under authority of the local, State or Federal law. (Ord. 06-86)