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The city may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter.
(Prior Code, § 53.16) (Ord. 18-31, passed 9-4-2018)
(A) Notwithstanding other requirements of the law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into the city separate storm sewer system, waters of the state or the waters of the United States of America, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge.
(B) (1) Said person shall notify the City Engineer or designee of the City Engineer within 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications that are not in writing shall be confirmed by written notice addressed and mailed to the City Engineer or designee within three business days of the telephone call or personal notification.
(2) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(C) In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
(D) Failure to provide notification of a release as provided above is a violation of this chapter.
(Prior Code, § 53.17) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer may order compliance by written notice of violation to the responsible person. Such notice shall be sent via regular U.S. mail or via hand delivery to the owner of the property.
(A) The notice shall include:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person or persons to whom the notice of violation is direct; and
(6) A statement that the determination of violation may be appealed to the City Administrator by filing a written notice of appeal within 30 days of service of notice of violation.
(B) In the event of a violation, the city may require:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit discharges and illegal connections;
(3) That violating discharges, practices or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of costs to cover administrative and abatement costs;
(6) The implementation of pollution prevention practices; and
(7) Such other action as may be reasonably necessary to accomplish the purposes of this chapter.
(C) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the Director of Public Works and the expense thereof shall be charged to the violator pursuant to this chapter.
(Prior Code, § 53.18) (Ord. 18-31, passed 9-4-2018)
(A) (1) Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal shall be in writing and shall be delivered to the City Clerk within 30 days from the date of the notice of violation.
(2) Hearing on the appeal before the City Administrator shall take place within 15 days from the date of receipt of the notice of appeal.
(B) The pendency of an appeal shall not relieve the responsible person from complying with the requirements of the notice of violation, unless the City Engineer otherwise consents in writing.
(Prior Code, § 53.19) (Ord. 18-31, passed 9-4-2018)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the City Administrator, then representatives of the city may enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated city contractor to enter upon the premises for the purposes set forth above.
(Prior Code, § 53.20) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the City Clerk objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice or if an appeal is taken within 30 days after a decision on said appeal, the assessment may be collected pursuant to law.
(Prior Code, § 53.21) (Ord. 18-31, passed 9-4-2018)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of the chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation.
(Prior Code, § 53.22) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
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